trustee."
Plaintiff herein in present suit is seeking simplicitor declaration of a status and is not
seeking any consequential relief. Plaintiff has relied upon ... maintainable.
Thus plaintiff being out of possession cannot seek simplicitor declaration and permanent
injunction.
Plaintiff in present suit is admittedly out of the possession
Court held that if the plaintiff had prayed for a
declaration simplicitor that he was of a particular caste the Civil
Court's jurisdiction ... managing committee was bad, the plaintiff's suit was not
simplicitor for declaration of civil rights. Such an issue was
connected with the eligibility
land of the plaintiff. This is a suit for declaration
simplicitor and the relief of setting aside of the deed is
consequential from the careful ... reading of the plaint, it is
clear that the prayer for declaration that the defendant
no. 1 obtained that deed of gift by practicing fraud
possession of the respondent and therefore the respondent has
sought a simplicitor declaration and injunction against the petitioner.
There is no dispute
possession of the
property has a right to seek declaration simplicitor on the basis of documents in
his possession. It is not disputed that ... Counsel for plaintiff has argued that the present suit is
simplicitor for declaration without any consequential relief and has been filed
under Article
previous litigation between the parties to confine any suit for
declaration simplicitor. In the previous suit, the revenue entries in favour
of the defendants were
void and hence not binding
upon him, and if a declaration simplicitor is prayed
then he is not required to pay ad valorem Court ... upon the
plaintiff needs to be avoided and in this regard a
declaration is sufficient. The Full Bench of this Court
in Santoshchandra (supra
suits are also similar. They have claimed a decree of
declaration to the effect that various sale deeds(more than twenty)
purporting to have been ... indirectly claiming in these suits in the garb of suits for
declaration simplicitor, in respect of the lands in suit are barred in
view
purpose of court fees and jurisdiction because the relief of declaration cannot
be valued at Rs.200 and court fee of Rs.20 paid inasmuch ... Page 2 of 5
the relief which is not merely for declaration simplicitor but there is a
consequential relief of injunction.
4. No doubt
back no effective decree
could be passed in a suit for declaration simplicitor. In
Ramsharan v. Smt. Gangadevi ... suit does
not seek possession of those properties but merely claims a
declaration that he is the owner of the suit properties, the
suit
