have instituted a
proceeding in the probate court for obtaining a negative declaration. Issues
No.1 and 2 were, therefore, in my view, erroneously decided
Joginder Kaur 2002 (64) DRJ 293 held that a suit for
declaration on the basis of unregistered Will in respect of which no
probate ... beneficiary, is seeking declaration of her
title to the properties and negative declaration that defendants No 1
and 2 have no title thereto
interested to deny his title to such character or
right, for a declaration that he is so entitled. It has been held in Lachhman ... Tirupathybibi MANU/AP/1380/2002 that under the said provision negative
declaration can also be claimed. It is thus possible, under the said Section
that under Section 34 of the Specific Relief Act, 1963,
negative declaration can also be claimed; it is thus
possible thereunder to sue for declaration
appointment. This
provision is usually interpreted in such away that a negative
declaration is not necessary. That is to say that if no circumstances ... This provision is usually Interpreted in. such a way that a
negative declaration is not necessary. That is to say that if no
circumstances exist
application for
declaration as bhumidar being barred by laches, when the applicant
filed such application after 43 years of the declaration of bhumidari
rights ... present case, Section 11 could not have been
invoked for a negative declaration that the entry in favour
of Smt. Chameli Devi had been wrongly
aforesaid, though the learned
Single Judge, by a judicial declaration has negated the challenge raising which
the writ petition was filed but merely to comply
mention of the locality in a declaration. It is true that Sub-section (2) enjoins the declaration to state "the district or other territorial ... legal requirements as noticed above? My answer is in the negative. The declaration mentions the locality and notifies the land of khasra
declaration under Section 6 of the said Act, a fresh period of one year
would be available to the State Government to issue another declaration ... Supreme Court in Padmasundara Rao (supra) in the
negative. In other words, when a Section 6 declaration is quashed, it does
not give a fresh
necessary for the Plaintiff to seek a declaration? The answer must be in the negative. Where, however, the plaint does not disclose facts which, prima