claimant The opponent cannot
file a suit for a negative declaration. Now the claimant may
refuse to file the suit and in that event
makes it clear that in substance the petitioners are seeking declaration of invalidity of the decision of the respondents not to grant extension of time ... year 1988-89. In substance, the petitioners are seeking negative declaration that they have not committed breach of any of their obligations and. therefore
allow the counter-claim keeping in mind the
prayer of a negative declaration in the plaint. However, in the
instant case, the counter-claim
declaration contemplated by Section 21 can also be a negative declaration to the effect that the person holds the total area of land which ... holding that the appeal is not maintainable only because a negative declaration is given. This was a declaration given by the Special Deputy Collector under
allow the counterclaim keeping in mind the prayer of a negative declaration in the plaint. However, in the instant case, the counterclaim was purported
Collector or Deputy Collector against the order of the Mamlatdar giving negative declaration as to the tenancy claims of the tenants and as such ... proceedings initiated by respondent No. 4 essentially are for claiming negative declaration of the petitioner not being the tenant of the suit land. Section
that under Section 34 of the Specific Relief Act, 1963,
negative declaration can also be claimed; it is thus
possible thereunder to sue for declaration
since the petitioner is closely concerned to get proposed declaration,
rather negative declaration, as against the opposite parties in one hand, and, proposed
also ... prayer (b), which was sought for in the
status of negative declaration. As a consequence thereof other consequential reliefs
as sought for were being
Relief Act and the suit which only contains a prayer for
negative declaration is not maintainable.
3
While considering the said reported case, the learned ... question of maintainability of the suit and the prayer for negative
declaration sought for by the plaintiffs. It is not necessary for this court
from Valsad to Malegaon in or around 1956. In fact, the negative declaration that neither respondent No. 1 nor respondent No. 2 herein ... cannot be gainsaid that the appellant herein has sought a negative declaration that neither respondent No. 1 nor respondent No. 2 has acquired any tenancy
