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
examination affidavit. She also stated in her
evidence that the suit for negative declaration apart
from being futile declaration together with such
prayer in respect ... earlier suit wherein
issue No.5 and 6 was held in the negative. Aggrieved
by the same, it is questioned in this suit, which
civil suit would be illusory, since it can always by
set at naught by the claimant before the Registrar refusing to
file a suit within ... order. But
the suit can only be filed by the claimant The opponent cannot
file a suit for a negative declaration. Now the claimant
plaintiff to establish the case put forth in the negative and
accordingly dismissed the suit. The Lower Appellate
Court having formulated four points ... justified in holding it in the negative
and dismissing the suit as there was no prayer for
declaration.
20. In the above backdrop taking into
filed a suit, being T.S.
No.3354 of 1994, before the City Civil Court for a declaration that they
were entitled ... plaintiffs in that suit for a declaration in
respect of the property described in Schedule A was negated. The Court
had observed that Susanta
Coupled with finding that even if a suit for
injunction is dismissed, still a suit for declaration can be
filed, goes to show that ... declaration sought in a negative sense as the plaintiff has
not sought declaration of his title but in a way has
sought declaration, that
with respect to the suit
land and restricted his prayer for declaration of right and confirmation of
possession over the suit land. There ... plaintiff, however, made another prayer for negative
declaration that defendant No. 2 was not entitled to transfer the suit land to
anyone after having derived
bonafide purchaser of suit property for
valid consideration?
7. Does the defendants prove that, plaintiff
suit for declaration and Mandatory injunction
is not maintainable without ... Negative
Issue No.2: In the Negative
Issue No.3: In the Negative
Issue No.4: In the Negative
Issue No.5: In the Negative
partly in
negative;
Issue No.2: In affirmative:
Issue No.3: In negative;
Issue No.4: In negative;
Issue No.5: In negative;
Issue ... Partly in affirmative and partly in
negative and plaintiffs are not
entitled for any declaration relief
in respect of title schedule
properties, but plaintiffs
above issues are:
Issue No.1: Negative.
Issue No.2: Negative.
Issue No.3: Negative.
Issue No.4: Negative
Issue ... manner of right,
title and interest over the suit property and in my
opinion, a negative declaration cannot be granted by
this Court
