Court as
to how the plaintiffs could have sought a negative
declaration to direct the defendants not to recover ... consideration:
"Whether both the Courts erred in granting
a negative declaration declaring that the
defendants are not entitled to recover
2022
the suit filed by the plaintiff is for negative declaration and
hence, it is not maintainable. He has further submitted that
such observation runs ... holding that since the plaintiff has
filed the suit for a negative declaration and hence, the same is
not maintainable as per Section
place to reiterate that the
suit seeking negative declaration too is not maintainable though
the Ld. Trial Court has discussed the same in detail however ... dependent upon
declaration of title of the defendant. The suit for negative
declaration is not permissible under the law as the plaintiffs can
claim only
relief sought for by
plaintiff, it observed that plaintiff had sought negative
declaration instead of seeking for a declaration of his title
over suit property ... easement over suit property, noting that plaintiff had sought
for negative declaration which was opposed to Specific Relief
Act , allowed appeal and set aside impugned
Courts below concurrently found that the
plaintiff was seeking for a negative declaration to the effect that
the defendants have no right to enter into ... after taking into
consideration various judgements, found that the relief of
negative declaration is unsustainable in law.
https://www.mhc.tn.gov.in/judis
prayer(A), this Court would
find that the plaintiff has sought negative declaration.
The plaintiff though asserts ownership over block ... declaration is
sought asserting right over the suit borewell and a
negative declaration is sought to declare that
12
defendants have no manner of right
very smart and nifty manner. They
sought positive as well as negative declaration. According to them,
though they had the Bhoomidar rights but the defendant ... seek a
declaration to that effect. They also have sought a negative
declaration that it be declared that the defendant company was
having no right
State Bank Of India vs The Tax Recovery Officer on 1 September, 2022
Author: Mohammed
defined in the RTI Act . Once the answer is in the
negative, declaration has to be granted as a matter of course. When
once Dharmapuram
void. The defendant raised a counter claim
seeking relief of negative declaration that the plaintiff has no right, title
or interest over the suit property ... dismissal of the Suit. Moreover,
he sought the relief of negative declaration against the plaintiff and
claimed possession by way of counter claim
