there was no
power vested with the Mamlatdar to grant negative
declaration. Aggrieved by this judgment, the appellant
filed a Letters Patent Appeal being ... Mamlatdar was vested with
the authority to grant a negative declaration to the
effect that a particular person is/was not a tenant
when
learned senior counsel appearing for the appellant
argued that negative declaration made by the High Court on the
constitutionality of Section 12 was totally uncalled
allow the counter-claim keeping in mind the prayer of a negative
declaration in the plaint. However, in the instant case, the counter-claim
part, we fail
to understand the need for claiming such a negative
declaration. After all, the plaintiff can sue for partition,
rendition of accounts ... making of such an
oral will and the validity thereof. The negative declaration
sought for by the plaintiff appears to us to be totally
superfluous
deal with the matter. According to the High Court, a negative declaration
was outside the jurisdiction of the Family Court.
3. Heard the learned counsel ... whether it is an affirmative relief or a negative relief.
What is important is the declaration regarding the matrimonial status.
Section 20 also endorses
their
original position; meaning thereby that the appellant got a
negative declaration that she continued to be the owner-in-
possession of the house
decimals in No.108A.
(iii) The plaintiffs chose to seek a negative declaration that 'defendants
have no right, title or interest in the suit ... judicata. The maintainability of a claim for such
a negative declaration is also doubtful.
8. 33 decimals out of 37 decimals having been sold
four others and 23/64 against Deo Kalya Patil to seek negative
declaration that they were not concerned with the 49 Acres of the suit
such a post without making a declaration. It is,
therefore,. said on behalf of the petitioner that a
declaration in writing is necessary where ... declaration in positive terms that the post is
equivalent in status and responsibility and in the other
case the declaration is negative in content that
ineffective and the authorities cannot be compelled to
perform a negative duty. The declaration of the law is
binding on everyone. And therefore , the mandamus ... ineffective and the authorities cannot be compelled to
perform a negative duty. The declaration of the law is
binding on everyone and it is therefore
