threat of dispossession from defendant, the plaintiff
will have to sue for declaration of title and consequential
relief of injunction. Where the title of plaintiff ... negative since it is
forbidden under law. Accordingly, I answer point No.1 in
the negative.
Point Nos.2 and 3 :-
49. The contention
answered
the issue No.1 as negative that he is not entitled for the
relief of declaration as sought. However, the trial court
comes ... answered issue No.4 to 6 as
negative. So also additional issue Nos.1 and 3 as negative
and additional issue No.2 is answered
seek declaration and hence the suit for permanent injunction
is not maintainable. The Court is empowered to decide the issue
of declaration in the same ... whether it
needs to seek the relief of declaration, the same is answered as
'negative'. Apart from that, even the review petitioner herein
from
Doddasubbamma. The Trial Court negatives the contention of
the defendants and answered issue Nos.6 to 9 as negative and
comes to the conclusion ... negative' and rightly comes to the
conclusion that the plaintiffs are entitled for the relief of
declaration and so also they are entitled
affirmative and answered additional issue
No.1 in the negative and did not accept the case of the
defendants with regard to adverse possession ... record and hence additional issue was answered in
the negative and granted the relief of declaration declaring that
the plaintiff is the absolute owner
issue No.4 as
negative in coming to the conclusion that plaintiff is not
entitled for the relief of declaration and answered issue ... both
declaration and permanent injunction. Admittedly, the suit
for declaration is not granted in favour of the plaintiff and
issues are answered as negative. However
arraying of brother as party to the
suit, held that relief of declaration is sought and hence the
said suit is not maintainable. Being aggrieved ... other two points are concerned, answered as
negative that appellant cannot seek for the relief of
declaration and it doesn't require interference
barred by
limitation is answered as 'negative' and granted the relief of
declaration and permanent injunction.
6. Being aggrieved by the judgment
negative and
regarding the issue that the Trial Court has no pecuniary
jurisdiction to entertain the suit is also answered as negative
and the issue ... title by adverse possession is answered as negative and the
Trial Court has granted the relief of declaration in favour of the
plaintiff as absolute
affirmative and answered issue Nos.2 and 3 as negative and
answered issue No.4 as affirmative coming to the conclusion that
the plaintiff ... negative
and held that issue No.3 is not relevant to this suit and answered
additional issue No.4 as negative.
13
11. Being aggrieved
