submitted
that in any case apart from the relief of the
negative declaration sought by the plaintiff, the
plaintiff has also sought an injunction which ... made the
following submissions:
16.1. The plaintiff has sought a negative declaration that
the defendants have no right, title and interest in
shop bearing
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
further
submits that vide instant suit, plaintiff is seeking 'negative
declaration' which is not maintainable. He has placed reliance on
Mool ... Kumar Mangal versus Prem Lata & Anr. Page No. 30/33
negative declaration about the status of any person is not
maintainable without showing
title of the plain-
tiff; (iii) the declaration asked for is a declaration that
the plaintiff is entitled to a legal character ... DEEPAK KUMAR Page No. 21 of 23
seeking the relief of negative declaration and it is settled law
that a suit for seeking such
plaintiffs on 10/10/2021.
22. It is further argued that negative declaration is
permissible. Reliance is placed upon case titled as 'Narhar ... 2021.
24. It is further rightly argued that negative declaration is
permissible. Reliance is rightly placed upon case titled as 'Narhar
dependent
upon declaration of title of the defendant. The suit for negative
declaration is not permissible under the law as the plaintiff can claim
only ... title or legal character he is entitled to. A negative declaration
with regard to the status of the defendant, however, cannot
lite and future interest @
12% p.a. Plaintiff has also prayed for declaration that defendant
has no authority to seek the refund of the payment ... future interest as mentioned above.
Plaintiff is not seeking a negative declaration regarding pecuniary
Suit No. 107/13 Page 26/28
-27-
liability. The decision
Specific Relief Act permits a person
to seek a declaration that he is entitled to "any legal character" or
to "any right ... other words, the plaintiff seeks a roving, negative
declaration of non-liability vis-à-vis his father's alleged acts
aforesaid issues are decided in negative, whether the
plaintiffs are entitled to declaration, as prayed for ? OPP
(vii) Whether the plaintiffs are entitled
partition rights are not substantiated, making them
inadequate to negate her entitlement.
Non claiming of declaration of ownership and possession:-
The learned counsel
