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
thus has observed
that though such kind of Civil Suits for negative
declaration would be maintainable under section
34 of the Specific Relief Act rejected ... injunction. The learned trial Court
Judge has further observed that a negative
declaration could be sought in connection with
the matrimonial relation under section
appeal before the Prant Officer who directed the respondents to seek negative declaration under Section 70 (b) of the Tenancy Act against the Petitioner that ... tenant. Accordingly, the respondents applied to the Mamlatdar who granted the negative declaration as sought for. The said order granting negative declaration was confirmed
claimant The opponent cannot file a suit for a negative declaration. Now the claimant may refuse to file the suit and in that event
proposition that there was a mandatory obligation to make a negative declaration to the effect that no witness was sought to be examined. In such ... answer to such question at this stage would obviously be in the negative since the trial has not yet proceeded further and the complainant
Desai Navinkant Kesarlal And Ors. vs Prabhat Kabhai And Ors. on 23 February, 1967
Equivalent
provision as if it casts a mandatory obligation to make a negative declaration to the effect that no witnesses are sought to be examined. Dhanji
claimant The opponent cannot
file a suit for a negative declaration. Now the claimant may
refuse to file the suit and in that event
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
rights with
respect to the suit property and had also claimed negative
declaration to the effect that neither defendant no.1 nor defendant ... Paragraph
nos.9, 10 and 12:-
"....In
fact, the negative declaration that neither respondent no.1 nor
respondent no.2 herein is a tenant