Resolve Common Wall Disputes Without Declaratory Relief

2023 0 Supreme(P&H) 595

Hence, even the consequential relief of injunction, sought with the declaratory decree, without seeking possession has been held to be enough compliance of the Proviso to Section 34 of the Specific Relief Act. ... Hence, their suit cannot be said to be without claiming any 'further relief' beyond the declaratory decree. They had, in fact, sought a 'further relief' to give coercive teeth to the declaratory....

High Court for the State of Telangana

Unless declaratory relief is granted, declaring that the plaintiffs are the owners of eastern wall of their house, relief of mandatory injunction cannot be granted and, similarly, confirmation of decree for damages does not arise unless the plaintiffs established that they are the owners of eastern side ... To what relief? ... The Appellate Court simply dismissed the appeal without recording any finding as to the legality of the declaratory decree a....

2023 Supreme(Online)(Mad) 74959

/plaintiff is entitled to get a declaratory relief. ... Since the application filed by the appellant/plaintiff seeking to amend the plaint for recovery of possession was barred by limitation, this Court also dismissed that application on the ground that the relief cannot be granted after the limitation period. ... no right and title to convey the property and therefore, declaratory relief was granted in favour of the appellant/plaintiff. ... Since both the appeals wer....

2000 0 Supreme(P&H) 796

There will be damage to his common wall/drive way/ projection/balcony of the annexe. Defendant is only co-owner and cannot construct on the common wall without the consent of the plaintiff. ... Musa Mal, AIR 1935 All 817 where it was held that a Court has ample power to decide for the purpose of determining, the Court-fee to be paid whether in substance a plaint is one in which mere declaratory relief is claimed or declaratory #HL_S....

The learned District Judge has, in my opinion, taken too narrow a view of the jurisdiction of a Court to grant relief in the form of a declaratory decree in quia timet proceedings. ... The learned District Judge correctly decided that the purported alienation by Thangammah to the 4th defendant without the plaintiff's consent was void ab initio, and rejected their alternative plea that the shares conveyed had in truth been held in trust for the 4th defendant by Thangammah ... A Court has jurisdiction to grant #....

2001 0 Supreme(Mad) 891

is a common wall as the respondent/plaintiff has filed the suit claiming only absolute right in the property and if he is not able to establish the same, the suit has to be dismissed, and the common right to the suit wall cannot be granted. ... The question to be decided in this case is whether the wall marked as ‘CG’ is the exclusive wail of the defendant or it is a common wall. Though the plaintiff has come forward with the plea t....

2024 Supreme(Online)(Mad) 77575

A person out of possession, cannot seek the relief of injunction simpliciter, without claiming the relief of possession. ... In the absence of a prayer of declaration of title and an issue regarding title, let alone the pleadings required for a declaration of title, the parties cannot be said to have an opportunity to have a full-fledged adjudication regarding title.” ... According to the defendant to prevent them from enjoying the right in the #HL_S....

2008 0 Supreme(Ker) 26

When the police did not render any assistance, this Writ Petition is filed, seeking mainly, the following relief : ... "i. issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondents 1 and 2 to give ... The advantages of declaratory judgment over mandamus need not be over stated." ... If there is any dispute regarding the boundary, the police have no duty or power to decide where the correct boundary is and thereafter render protection to a person, who wants to....

2022 0 Supreme(Raj) 3075

As far as prayer of plaintiffs seeking demolition of construction of wall abc is concerned, the issue has already been decided in the previous suit No.273/73 vide judgment dated 22.11.1979. The fact findings recorded by courts below are based on appreciation/re-appreciation of evidence on record. ... As far as the issue of chowk, pol and stairs is concerned, there is no dispute between parties that the same are of common use. ... This court finds that once both courts below have alread....

2004 0 Supreme(Mad) 550

by the first defendant exclusively; that he has been in enjoyment also, and hence, such a declaratory relief cannot be granted. ... The plaintiffs, who are the appellants herein, filed the suit seeking for a declaratory relief that the walls shown as ABCD and EFGH in the plaint Schedule are the common boundary walls of the plaintiffs and the second defendant on the one hand and the first defendant on the other and for consequential ... But, they have asked for a #HL_S....

2024 0 Supreme(Mad) 2000

8. Whether the plaintiff can claim any charge over the suit property or the monies allegedly advanced by them to the 1st defendant? 5. Whether the suit is maintainable in view of the provisions of the SARFAESI Act, 2002? 6. Whether the suit for a declaratory relief without seeking specific performance maintainable? 7. Is the suit liable to be dismissed for non joinder of necessary parties?

2022 0 Supreme(Ker) 139

We find this argument legally untenable in the light of Section 34 of the Specific Relief Act, 1963. The wife could have sought recovery of possession only if she could seek further relief of possession. Granting of declaratory relief to the wife without seeking possession of the property: He contended that the wife had not sought possession and the declaratory relief without seeking possession cannot be granted by the Family Court. The learned Senior Counsel Shri S.P. Balakrishnan vehemently argued on the maintainability of the declaratory relief.

2021 0 Supreme(Mad) 2392

Hence, the suit filed by the plaintiff is liable for dismissal. Without asking declaratory relief, praying for permanent injunction cannot be maintained. The suit is bad for non-joinder of necessary parties.

2021 0 Supreme(Mad) 3330

6. Whether the suit for a declaratory relief without seeking specific performance maintainable; 7. Is the suit liable to be dismissed for non joinder of necessary parties? 5. Whether the suit is maintainable in view of the provisions of the SARFEASI Act, 2002; 8. Whether the plaintiff can claim any charge over the suit property for the monies allegedly advanced by them to the 1st defendant;

2021 0 Supreme(Mad) 1468

As a matter of fact, the evidence and the Commissioner's report and plan disclose that in the party-wall wherein lies the portion X, Y, F, E under Ex. C-3, the entire party-wall has been occupied by the construction of the defendants and the defendants have also put up number of pillars on the east of the party-wall over which only the construction rests. On the basis of the principles laid down by the above referred decisions, the concurrent findings of the Courts below that disputed wall is a party common wall and the plaintiff is entitled to the relief of permanent injunction an....