Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Specific Relief Act declaration |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Specific Relief Act, 1963 - s.34, proviso - Suit filed by appellants for declaration of title to property without seeking consequential relief of possession - Maintainability - Held: Where defendant is not in physical possession, and not in a position to deliver possession to the plaintiff, it is not necessary for the plaintiff in a suit for declaration of title to property, to claim possession - However, in the instant case, respondent nos.3 to 10 were tenants, residing in the suit property and definitely in a position to deliver the possession - Respondent nos. 3 and 10 being admittedly in possession of the suit property, the appellants/plaintiffs had to necessarily claim the consequential relief of possession of the property - Suit filed by the appellants/plaintiffs was not maintainable, as they did not claim such consequential relief - To say that the appellants would be entitled to file independent proceedings for eviction of said respondents under a different statute, would amount to defeating the provisions of Or.II, r.2 CPC as well as the proviso to s.34 - Code of Civil Procedure, 1908- Or.II, r.2 - Specific Relief Act 1877 - s.42. Specific Relief Act, 1963 - s. 34, proviso - Purpose of - Held: The very purpose of the proviso to s.34, is to avoid multiplicity of proceedings, and also loss of revenue of court fees. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2013 INSC 236 |
Petitioner | Venkataraja & Ors. |
Respondent | Vidyane Doureradjaperumal (d) Thr.lrs. & Ors. |
SCR | [2013] 5 S.C.R. 814 |
Judgement Date | 2013-04-10 |
Case Number | 7605-7606 |
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