suit for negative declaration of
marriage under the provisions of Section 34 of the Specific Relief Act. Negative
declaration in a suit is generally declined ... nullify his marriage with
the petitioner by filing a suit for negative declaration of marriage, which in my
opinion is not an impediment to grant
Monoranjan Pal.
Having received the summons the petitioner filed a suit for negative
declaration before the court of Civil Judge (Jr. Divn.) 1st Court
also to grant a negative declaration that he has no manner of
right or title over the suit schedule properties. They
misconstrued and tenor ... erstwhile owners
of their respective items of the suit schedule properties. More
interestingly their negative declaration is that defendant No.2
has no manner
take legal action in default.
16. In the suit, the plaintiff claimed a negative declaration, that nothing was due and
payable by the plaintiff ... October 27, 2014.
17. In effect, the scope of the suit was a negative money claim of sorts. What the plaintiff
prayed
court framed five issues. Parties led evidence. Learned trial court
dismissed the suit holding that plaintiff no.1 is not the legally
married wife ... that in
view of the frame of the suit with a negative prayer for a declaration
that defendant no.1 was not the legally married
title set up by defendants in the suit property
is duly proved by them. Therefore, the suit
property cannot be held as "Trust Property ... suit property.
Therefore, plaintiff Trust cannot recover
possession of the suit property from the
defendants. I answer point No.5 in the negative
barred by Section 34 of the Specific Relief Act, particularly since
negative declaration was not permissible; and thirdly, that prayer (a) of the plaint ... other argument of the petitioner as to the suit being barred, in view of a negative
declaration having been sought by way of relief
suit schedule property?
3. Does he prove that he was in lawful
possession of the suit property on the date of suit?
4. Whether ... absolute owner in lawful possession of the suit property
on the date of suit in the negative; with reference to 3rd
point whether the name
submitted that prior to filing of the instant
suit for declaration, the respondent/plaintiff filed a suit for permanent
injunction that came to be dismissed ... dispossession from the suit
land negates his plea that he is in possession of suit land, therefore,
simplicitor suit for declaration without consequential relief
suit film' for the sake of convenience and clarity. There is no dispute that the first defendant in the suit one K.S.Sabarinathan ... suit film.
2 Prayer in the suit is for a declaration that the plaintiff is the absolute owner of the entire world negative rights
