suit does not seek possession of those
properties but merely seeks a declaration that
he is the owner of the suit properties the suit ... plaintiff was not in possession of the
property, the suit for declaration simplicitor
could not be filed without claiming possession
of the suit property before
would
expire on 01.04.2002 while as the present suit for the
declaration has been filed in the year 2009. It is further
averred ... tried to camouflage the real relief by filing the present
suit simplicitor for declaration with a view to avoid the
filing of a suit
Proviso-Applicability-owner in possession of
suit property-Suit simplicitor for declaration
that sale deed, to which owner was not
party, is null and void
also for its existence.
By way of this simplicitor suit for injunction, the ownership and
declaration regarding the title of the property cannot be done ... mentioned. The plaintiff has not sought for the
declaration of any ownership and filed this simplicitor suit for injunction
which is not maintainable
file, it can be noted that the suit has been
filed simplicitor for declaration as it has been prayed that the plaintiff is owner
joint
possession of land of aforesaid khasra number, simplicitor suit for
declaration without claiming relief of possession in respect of 2/5 share of
Bachan
relief
of declaration is always implicit, and it is not necessary to separately
pray for a specific relief of declaration. I have considered this aspect ... therefore it must be
held that simplicitor suit for injunction without filing a suit for declaration
of title by the respondents/plaintiffs is not maintainable
without seeking declaration as to his status as a tenant, a suit for injunction simplicitor will not be maintainable. It has been submitted that ... declaration of khatedari rights based on their purported oral purchase from the defendants, but one for injunction simplicitor. A Division Bench of the Board
perpetual injunction in respect of the suit
property simplicitor. The plaintiffs did not apply for a declaration of
their alleged title in the suit property ... injunction in respect of the suit property
simplicitor against the defendant and had not applied for declaration
of title in respect of the suit property
property.
51. Injunction is a recurring relief. In a suit for
injunction simplicitor, injunction is a recurring relief, there
is no need to frame ... title suit, for declaration and
61
OS No.25370/2008
consequential reliefs and not in a suit for injunction
simplicitor-"
53. Further
