Section 34 of Specific Relief Act, 1963,
plaintiffs suit for declaration simplicitor is not maintainable. In
this connection, he has relied upon the judgment ... suit lands are joint properties of
respondents/plaintiffs, therefore, suit for declaration simplicitor is
maintainable. It is not necessary to seek relief of delivery
defendant no. 1 to 5?
OPDs
6. Whether the suit seeking declaration simplicitor without
consequential relief is not maintainable as against defendant ... favour of the plaintiff.
Issue no. 6
Whether the suit seeking declaration simplicitor without
consequential relief is not maintainable as against defendant
have erred in law by not
appreciating that the suit for declaration simplicitor
without consequential relief is not maintainable?
6. Whether the learned Courts below ... jurisdiction of
the Civil Judge. The plaintiff had filed a suit for declaration but
failed to claim consequential relief of possession and a
permanent prohibitory
have erred in law by not
appreciating that the suit for declaration simplicitor
without consequential relief is not maintainable?
6. Whether the learned Courts below ... jurisdiction of
the Civil Judge. The plaintiff had filed a suit for declaration but
failed to claim consequential relief of possession and a
permanent prohibitory
written and
registered deed. Also that suit for the relief of declaration simplicitor without
seeking the relief of possession was not maintainable in view
validity of
the mortgage under challenge by way of suit for declaration simplicitor and the
same can be declared only by the Civil Court
record as Annexure P-1. It was a suit for declaration
simplicitor filed by the respondent-plaintiff challenging the deed of transfer of
ownership dated ... plaintiff is a non-executant, is in possession and sues for a declaration that the
deed is null or void, he has to merely
plaintiffs were not in possession,
therefore, the suit filed for simplicitor declaration without claiming any
possession would be barred. With respect to law of limitation ... without claiming the relief for
possession as consequential relief, the suit simplicitor for declaration and
injunction was filed. Therefore such suit without a suit simplicitor
they are not parties and filing of suit for only declaration
simplicitor is not maintainable unless possession is sought from
the appellants and hence, this
that declaration of a status on the basis of such a
document was unjustified. That apart, the appellants had sought
for declaration simplicitor without ... evidence already on record and
relief sought for which was merely for declaration of status. In
the considered view of the Court, the matter
