grant of negative declarations. If the intention of the Legislature, was otherwise, the Legislature could have so also provided for negative declaration in the other ... issue of both positive and negative declarations, there would be no need to provide for negative declaration under section 4 . No part
Code asserting inter alia that the
plaintiff is seeking a negative declaration that no marriage was
solemnized between the plaintiff and the defendant. Such ... negative
declaration cannot be granted under the provisions of Section 34 of the
Specific Relief Act 1963 ("the Act of 1963"). Thus, there
said Act) is empowered to entertain an application for negative declaration to the effect that the opponent is not a tenant under the said ... preliminary point of jurisdiction of the Mamlatdar, to issue such a negative declaration. The Mamlatdar the respondent No. 3 while rejecting the preliminary objection
these three writ petitions the landlords have prayed for a negative declaration that the respondents were not tenants of the leased lands: These applications ... landlords under Section 100(2) of the Act for seeking a negative declaration so as to avail of remedy of summary eviction of tenants under
file of the Civil Judge, S.D. Thane, seeking negative declaration that defendant Nos. 1 to 3 have no right, title and interest to allot ... fact that the plaintiffs in the original suit have claimed negative declaration; whereas by virtue of impugned amendment they are trying to claim a positive
seek a declaration of mundkarship right or to seek a negative declaration that a person in occupation is not a mundkar and the substantive right ... parties to seek a declaration of right of mundkarship or a negative declaration that a person in occupation is not a mundkar. The importance
subtenant. The Bombay Revenue Tribunal held in that case that a negative declaration cannot be granted by the Mamlatdar, and this view of the Tribunal ... case related to the jurisdiction of the Mamlatdar to grant a negative declaration, it has been urged by Mr. Karlekar with considerable force that
that the declaration contemplated by section 21 can also be a negative declaration to the effect that the person holds the total area of land ... that an appeal can lie under section 33 against such a negative declaration. The landholder in that case was found to be holding only
original defendant nos. 4 and 5 claiming
perpetual injunction and negative declaration. According to
the plaintiffs, they are the owners of 1/3rd undivided share ... denied plaintiffs' entitlement to 1/3rd share in the
property. Negative declaration is also sought to the effect
that defendant
preferred an
application bearing Application No.77 of 1982,
seeking a negative declaration that the deceased
Jaisingh was not the tenant of the suit lands ... 2335-1995.DOC 7/30
finality and the negative declaration sought by the landlord was
refused. The tribunal could not have resorted to a statement
