plaintiff is seeking a negative declaration that no marriage was
solemnized between the plaintiff and the defendant. Such a negative
declaration cannot be granted under ... Thus, there was a bar to
the Suit seeking negative declaration. Resultantly, the Plaint was liable
to be rejected under Order VII Rule
Specific Relief Act, 1963, to sustain the plaintiffs'
suit for a negative declaration of ownership in
favor of the government ... suit for declaration, the plaintiff must rely on his own
right. The plaintiff cannot seek a declaration in a negative
form regarding the defendant
there was no need for plaintiffs to
file a fresh suit (present suit) seeking declaration that defendants were not having any
right, title or interest ... declare the
person has right over the property. Therefore, any suit filed for negative declaration
that the other person is not having right cannot
records.
(E).Analysis:
16.The plaintiff has filed the present suit seeking a negative declaration
that the first defendant is not her legally wedded wife ... plaintiff even in the year 1994. However, the present suit seeking
negative declaration has been filed only on 15.03.2007.
22.As per Article
filing of the suit. It is further submitted
that in any case apart from the relief of the
negative declaration sought by the plaintiff ... negative declaration was not
maintainable. The plaintiff should have sought a
positive prayer for declaration of his right and title
in the suit property
Shivashankar Reddy A G vs Gok Revenue Department on 23 April, 2025
KABC010117082003
IN THE
dependent
upon declaration of title of the defendant. The suit for negative
declaration is not permissible under the law as the plaintiff can claim
only ... title or legal character he is entitled to. A negative declaration
with regard to the status of the defendant, however, cannot
Jayantibhai Somachand Contractor vs Estate Manager on 17 March, 2025
Author: Sangeeta K. Vishen
Bench
this court has jurisdiction to try the Suit In the Negative
unless the plaintiff obtain the declaration from the
competent authority that they are Statutory ... tenants
in the suit property.
6. Whether the suit is barred by principle of res-judicata In the negative.
particularly in context of of reliefs
negative.
suit room ?
2. Does plaintiff prove that the defendant no. 1 In the negative.
and 2 are trying to demolish the suit premises
without ... that she is entitled for In the negative.
declaration and permanent injunction ?
5. Does plaintiff proves that suit structure is legal In the negative
