hence the plaintiff cannot be permitted
to file a suit for negative declaration.
26
28. According to him, even if the plaintiff has
acquired ... suit for specific
performance of the contract in the manner known to law,
the plaintiff cannot maintain a suit for negative declaration
to declare that
Specific Relief Act, 1963, to sustain the plaintiffs'
suit for a negative declaration of ownership in
favor of the government ... suit for declaration, the plaintiff must rely on his own
right. The plaintiff cannot seek a declaration in a negative
form regarding the defendant
appellants would
contend that the relief sought in the suit is a negative
declaration and such a relief cannot be granted under
Section ... therefore, the plaintiff
has filed the suit seeking declaration. He contends
that the suit is maintainable even though negative
declaration is sought for. The suit
observed that plaintiff had sought negative
declaration instead of seeking for a declaration of his title
over suit property. Though on re-examination of evidence ... that 'defendants are not having any right over
suit property', a negative declaration which cannot be
granted unless plaintiff seeks specific prayer
right, title and interest of the plaintiffs over the
suit property. A negative declaration stating that defendant
No.7 had no right, title, interest ... also institute a
suit seeking a negative relief regarding absence of any right in
defendant No.7 without seeking any declaration of their right
over
filing a suit for declaration, he should
have filed a suit for specific performance. O.S. No. 68/2006
was not a suit for specific ... 2006 is seen, he also claimed a negative
declaration. No doubt a declaration in negative form
cannot be granted; but it is not always
note of the relief of declaration sought have
come to the conclusion that the plaintiff cannot seek
negative declaration.
8. The general power vested ... both the Courts were justified in
dismissing the suit. The plaintiff's suit seeking negative
declaration is not at all maintainable. Both Courts have
Further no declaration is
sought asserting right over the suit borewell and a
negative declaration is sought to declare that
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defendants have no manner ... relief. More over, since the negative declaration is
sought, the appellate Court was justified in dismissing
the suit. The nature of relief that is sought
suit is not for specific performance and it is only a suit for declaration that the defendants have no right to alienate, as such negative ... Group and the suit being based on the said document, is not maintainable. He further submitted that the suit is for declaration that defendants have
previous suit could not be granted in the present suit; that as the relief for possession was expressly refused in the previous suit, it operated ... held that the suit was not barred by time I since it was a suit for declaration, partition and possession. Therefore, it was held that
