suit subsequent to the fling
of the suit ( the present revision arises from the first suit ), whereby they had
sought the relief for a declaration ... determined in the suit.
4. Moreover, it is argued that the original suit was for declaration of a negative
covenant in the development agreement
Negative
Issue No.3 : In the Negative
Issue No.4 : The plaintiff is entitled for
11 O.S.No.245/2016
the relief of declaration ... therefore, she is entitled for the relief of declaration of
her ownership as sought in the suit, if her suit is within
limitation. The plaintiff
holding suits for
declaration under Section 34 of the Specific Relief Act to be maintainable
before the Civil Court and negating the plea ... matrimonial status of any person, the suit for declaration was held to be
maintainable. The same negates the reasoning through all the judgments
M/S. Veekaylal Investment Co. Pvt. Ltd vs Shri. Bhalchandra D. Patil And Ors on
seeking a negative declaration that the deceased
Jaisingh was not the tenant of the suit lands. By
order dated 20th September, 1987, the ALT
dismissed ... possession
of the suit lands on 1st April 1957 and, th0us, the landlord's
application seeking a negative declaration was dismissed.
17. Whether this
previous suit.
25. It is argued that the nature of declaration sought in the present suit
automatically negates, if granted, the effect of the deed ... present suit property and
the suit, prima facie, is not maintainable merely on the basis of a negative
declaration on certain vague legal bars, which
filed
appeal before the District Court to the extent declaration qua
the ownership over the suit property, as prayed for was
denied. The Appellate Court ... plaintiffs are entitled to get
relief of declaration as prayed in the
suit ?
(In negative)
(2) Whether judgment and decree of the Ld.
Trial Court
establish possession, necessarily the plaintiff will have
to file a suit for declaration, possession and injunction'.
45. Further, with regard to the application under ... suit is not maintainable and
ought to have filed a suit for relief of declaration. When
the defendant also asserts the title in respect
declaration, and Article 58 contained in Part III of the said Schedule states
that for any other declaration (other than a declaration qua a forged ... owner in possession of the suit land and he simply
seeking a declaration to that effect, to negate a mutation entry which
erroneously states otherwise
Arefin
...for the Opposite Parties.
The defendant in a suit for declaration and permanent
injunction has preferred this application being aggrieved by an
order dated ... consider whether the plaintiff had filed the suit in
the nature of a negative declaration with regard to the quantum
of money and whether
