title given in an earlier injunction suit, can operate as res judicata in a
subsequent suit for declaration of title. This was on the premises ... questions could properly be examined
only in a title suit, that is a suit for declaration and consequential reliefs, and
not in a suit
person may institute a suit for a declaration that the use by him of any process, or the making, use or sale of any article ... acknowledgement. (2) The costs of all parties in a suit for a declaration brought by virtue of this section shall, unless for special reasons
that for purposes of court-fees all suits for cancellation are suits for declaration, in which no consequential relief is claimed. It should also ... consequences resulting from that frame of the suit. It was treated as a suit for declaration in both the Courts below. In these circumstances
really the declaration is superfluous and the relief sought may be given Without any declaration. In such cases the substance of the suit is taken ... tites a suit for possession only. It was not argued before us that it is not correct to regard such suits as suits merely
suit land?
(iv) If respondent nos. 1 and 2 are not in possession of the suit land
whether the suit as framed only for declaration ... when a mere suit for permanent injunction will
lie, and when it is necessary to file a suit for declaration and/or possession with
injunction
Satyapal was plaintiff in theat
suit (for declaration and consequential relief- hereafter "declaration suit")
and the defendant in CS (OS) 1480/2011 ... suit property"]. Sudhir, in the possession suit, sought for a decree of
possession and mesne profits, in respect of the suit property. The third
between the parties in the earlier suit for
eviction operates as res judicata in the subsequent suit for
declaration of title and recovery of possession ... judicata of the earlier injunction suit
or any of its findings to the present suit for
declaration and possession?
3) To what relief?
POINT
suit has been filed after an expiry of 13
½ years by camouflaging the present suit for specific
performance as a suit for declaration while ... 2009 Page 35 of 51
suit by filing a suit for declaration so as to escape the
period of limitation which is admittedly three years
Limitation Act deals with
suits. Part III of the said division deals with suits relating to
declaration. Article 58 is contained in this part. Part ... Patna had held that the suit is not purely a declaratory suit and it is a
suit for recovery of rent and as a preliminary
peaceful possession,
cultivation and enjoyment of the suit schedule land.
9
Therefore, plaintiffs instituted the suit for declaration and
also for permanent injunction restraining ... date of the suit and do not seek the relief of
possession.
Para 30. In a suit, for declaration of ownership
and permanent injunction
