declaration that a party before him is not a tenant. In other words, whether he can give a declaration in the negative form? As held ... give a declaration in the positive form, he could certainly give a declaration in the negative form as well, they being two facets
hence the plaintiff cannot be permitted
to file a suit for negative declaration.
26
28. According to him, even if the plaintiff has
acquired ... manner known to law,
the plaintiff cannot maintain a suit for negative declaration
to declare that the sale deed executed by the first
defendant-society
prayer for recovery of possession.
2.1. Essentially, they seek a negative declaration in
favor of the government, on the grounds of illegal
grabbing of valuable ... suit for declaration, the plaintiff must rely on his own
right. The plaintiff cannot seek a declaration in a negative
form regarding the defendant
would
contend that the relief sought in the suit is a negative
declaration and such a relief cannot be granted under
Section ... declaration in that regard has
to be sought only before the family Court irrespective
of whether the said declaration is affirmative or
negative in nature
another
contention relating to the nature of relief being a negative
declaration. The Family Court has referred to explanation ... said section. The Court in its order has
observed that a negative declaration is sought for and in
terms of the judgment of the Division
deed, but questioned the validity of
the same. Therefore, she sought negative declaration to
the effect that Court shall declare that Hucchappa ... 100102/2015
-22-
framing the issue placing the negative burden on the
plaintiff.
29. The plaintiff files the suit challenging the
adoption after the death
note that the plaintiff has
approached the Court with a prayer seeking declaration
that the adoption deed be declared as null and void ... well
argued that the plaintiff could not have sought for a
negative declaration, the present suit should have been
filed by him within three years
succinctly, to grant in favour of the Petitioner a
negative declaration that no amount is due from the
Petitioner to the Respondent-Bank
fact that the Plaintiff had already instituted the Suit
for a negative declaration under Section 60 , without
any due diligence in the matter, they bring
only a suit for declaration that the defendants have no right to alienate, as such negative relief cannot be granted under Sections ... subject to termination and the negative covenant being limited only to the duration of the said MOU. To enforce negative covenant, the MOU itself
