Krishna Murthy S vs Ganganarasaiah on 4 January, 2024
KABC010175932001
IN THE COURT OF THE
Relief Act, 1963. He further
submits that vide instant suit, plaintiff is seeking 'negative
declaration' which is not maintainable. He has placed reliance ... suit simpliciter for a
Civil Suit No. 57337/16 Surinder Kumar Mangal versus Prem Lata & Anr. Page No. 30/33
negative declaration about
Nakulan S Paniker vs Kantilal Ambalal Patel Since Deceased ... on 18 November, 2024
Author: Sangeeta
note that the plaintiff has
approached the Court with a prayer seeking declaration
that the adoption deed be declared as null and void ... argued that the plaintiff could not have sought for a
negative declaration, the present suit should have been
filed by him within three years claiming
answer point
No.1 in the negative.
21. Point No.2: The plaintiff has filed a suit for
declaration of title over a suit schedule
suit. It is contended that
the defendant is in possession of the suit schedule
property since from the year 2008. Therefore, the suit for
declaration ... Relief Act
provides that a suit for declaration without seeking the
consequential relief of possession, the suit for declaration is
not maintainable. The said view
consideration amount of suit property
or he is entitled to obtain mandatory order for On
Bhithe execution of sale deed of suit property ... specific
performance declaration & injunction as asked for? -
Negative
3.Whether the defendant proves his defence? - Negative
4.Whether the suit is maintainable?" - Partly
answered issue Nos.1 to 5 in the negative
and ultimately dismissed the suit. Against this judgment and
decree, the plaintiff has approached the learned ... learned counsel for the appellants would
contend that the suit is filed for declaration and injunction
and claim of the plaintiff is based
sale deed within 3
years.
24. The plaintiff filed a suit initially for declaration
as a owner in possession, thereafter by way of
amendment ... properly valued
the suit and payment of Court fee is not sufficient.
Initially, the plaintiff filed a suit for declaration and
consequential relief and valued
judgment and decree passed in various suits, none of
them are dealt with the relief of declaration of ownership.
However, the possession of the defendant ... answered as negative.
37. Additional Issue No.4:- This suit is for the
comprehensive relief of declaration of ownership,
possession and cancellation of sale deed