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ANANT RAMANATH HEGDE
Taj Parveen – Appellant
Versus
Ezazulla Shariff – Respondent
JUDGMENT (CAV)
The Second Appeal arising from the divergent findings was admitted to answer the following substantial questions of law:—
1. Whether the Appellate Court was justified in decreeing plaintiffs’ suit when the plaintiffs have failed to substantiate their title with acceptable ocular and documentary evidence?
2. Whether the suit of the plaintiffs was maintainable, when the plaintiffs were not granted liberty to file fresh suit on the same cause of action in O.S.No.235/2008 and O.S.No.191/2008?
3. Was not the suit of the plaintiff hit by Order 2 Rule 2 of CPC?
2. During the course of hearing the learned Senior Counsel for the appellants-defendants also urged that in view of the bar under proviso to Section 34 of the Specific Relief Act, 1963 (Act, 1963), the relief of declaration of title is not tenable as the plaintiffs though not in possession of the property have not claimed the consequential relief of possession but sought declaration of title and defective consequential relief of injunction.
3. Thus, the Court also heard the learned Senior counsel for the appellants and the learned counsel for the respondents on the following substantial questions of law as well
(1) In an injunction suit, cause of action is recurring – Suit seeking declaration and injunction is per se not barred in view of withdrawal of earlier suit.(2) Bar on subsequent suit – Whether plain....
A suit for declaration may be maintained even if the plaintiff is not in possession, provided a consequential relief is sought, as mutation does not establish ownership.
(1) There is no bar in Specific Relief Act, 1963 in granting standalone declaratory decree.(2) Discretion in granting declaratory decree on ownership cannot be exercised by Court to deny such relief ....
When there is a denial of title or a challenge raising a cloud, parties should file a suit for declaration of title, and adverse possession requires hostile possession denying the true owner's title.
A party not involved in previous proceedings cannot be bound by collusive decrees and may seek declarations of title despite not claiming recovery of possession.
A suit for declaration of title is maintainable without a claim for possession when the property is in possession of a tenant not part of the suit, as jurisdictions may bar possession claims under sp....
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