plaintiff is seeking a negative declaration that no marriage was
solemnized between the plaintiff and the defendant. Such a negative
declaration cannot be granted under ... Thus, there was a bar to
the Suit seeking negative declaration. Resultantly, the Plaint was liable
to be rejected under Order VII Rule
inconsistent declarations i.e. positive declaration as well as negative declaration in one and the same suit. It was further submitted that the impugned amendment ... early stage of the suit. Apart from this, the main relief claimed in the suit is of negative declaration based on title; whereas by virtue
perpetual injunction and negative declaration. According to
the plaintiffs, they are the owners of 1/3rd undivided share in
the suit property which ... Court
fees and to choose a particular forum, the suit has been
presented seeking negative declaration and injunction.
11. It is the contention of plaintiffs
whether the petitioners were tenants in the suit land and for giving negative declaration in that behalf.
5. Having considered the rival submissions, I have ... petitioners were tenants in the suit land and rejected the case of the respondents for negative declaration. What has been glossed over by the Counsel
Hatimbhai Hassanally vs Framroz Eduljee Dinshaw on 31 January, 1927
Equivalent citations: (1927)29BOMLR498
JUDGMENT
landlords under Section 100(2) of the Act for seeking a negative declaration so as to avail of remedy of summary eviction of tenants under ... civil suit is barred by limitation, landlords take recourse to these proceedings and with an oblique motive they seek a negative declaration and then institute
Shantilal Ambalal Mehta vs M.A. Rangaswamy on 22 April, 1977
Equivalent citations: (1977)79BOMLR633
claiming relief thereunder in the alternative."
In this matter, which was suit for specific performance of contract, defendant denied the contract and pleaded that ... application for amendment, this Court allowed the amendment. The suit was filed for negative declaration based on title that defendants had no right, title
declaration to the respondent No. 4 by his order dated 16th June 1964, holding that petitioners were not the tenants of the said suit land ... essentially are for claiming negative declaration of the petitioner not being the tenant of the suit land. Section 110 of the Tenancy
40 030 vs Nusli Neville Wadia on 29 April, 2014
Author: R.D. Dhanuka
Bench
