Tuesday, 10 July 2018

Whether it is permissible to seek relief of declaration without seeking consequential relief?

 In view of above, the law becomes crystal clear that it is not permissible to claim the relief of declaration without seeking consequential relief. In the instant case, suit for declaration of title of ownership had been filed though, the Plaintiff/respondent No. 1 was admittedly not in possession of the suit property. Thus, the suit was barred by the provision of Section 34 of the Specific Relief Act and, therefore, ought to have been dismissed solely on this ground. 
IN THE SUPREME COURT OF INDIA

Civil Appeal No. 1374 of 2008

Decided On: 17.07.2012

 Union of India (UOI) Vs.  Ibrahim Uddin and Ors.

Hon'ble Judges/Coram:
B.S. Chauhan and Dipak Misra, JJ.

Citation: (2012) 8 SCC 148, 
Read full judgment here:Click here

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