also not be out of place to reiterate that the
suit seeking negative declaration too is not maintainable though
the Ld. Trial Court has discussed ... dependent upon
declaration of title of the defendant. The suit for negative
declaration is not permissible under the law as the plaintiffs can
claim only
erred in holding that since the plaintiff has
filed the suit for a negative declaration and hence, the same is
not maintainable as per Section ... dismissed by observing that since the plaintiff has filed the
suit for a negative declaration and the same is not
maintainable as per Section
respondents claiming to be the tenant of
suit shop premises, have filed a civil suit, seeking
negative declaration that petitioner has no right to
take
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
Further no declaration is
sought asserting right over the suit borewell and a
negative declaration is sought to declare that
12
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
revisional application, is that opposite party
no. 1 filed a suit for negative declaration and permanent
injunction along with an application for injunction ... cost of Rs. 500/-. On
15.12.2018 vide order no. 26, the suit was posted for ex
parte hearing against defendant no. 4 and last
opportunity
files a suit
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for declaration of title and injunction by pleading
possession being with him. The evidence brought on
record negatives plaintiff ... possession and in that event
the suit will have to be dismissed invariably. It was in
this background, Sri Deepak V. Barad argued that
possession
holding that the jurisdiction of the Civil Court to entertain a suit
for declaration of title and injunction is not barred. It is useful ... Full Bench in
the negative by holding that the jurisdiction of
the Civil Court to entertain a suit for declaration
of title and injunction
counter claim
seeking relief of negative declaration that the plaintiff has no right, title
or interest over the suit property, and also sought possession ... filed a Suit with false
contention and therefore, prayed for dismissal of the Suit. Moreover,
he sought the relief of negative declaration against the plaintiff
void and non-est document and therefore, sought
for declaration to declare that the power of attorney
dated 10.10.2010 as null and void and consequently ... suit is not maintainable without seeking
relief of declaration was also answered in the
negative. Consequently, suit was dismissed.
7. Feeling aggrieved by the judgments
