Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Specific Relief Act suit for declaration |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Specific Relief Act, s.34-Mere suit for declaration does not lie if plaintiff is not in possession of suit property.Bihar Privileged persons Homstead Tenancy Act, s. 6A-Defendant occupying property under the Collector- Latter is a necessary party for any title suit- Plaintiff could get relief only if his suit included challenge on the ground of fraud and jurisdiction about obtaining right or parcha by defendant from the collector. The appellant-defendant was a tenant under the respondent. He was, however, said to be landless person. A parcha was purported to have been granted on or about 29.9.1969 by the Collector in terms of S.6 of the Bihar Privileged Persons Homestead Tenancy Act, 1947. The father of the respondents (Nos. 1 to 5) filed a suit for eviction against the appellant. The said suit was dismissed on 27.5.1977. No appeal thereagainst was filed. Another suit, however, was filed in the Court of Munsif on the premise that the said Parcha under S. 6(2) of the Act, was issued without jurisdiction and the same had been fraudulently obtained. The Civil Court decreed the suit. The appeal preferred thereagainst by the appellant was dismissed. The High Court dismissed the second appeal holding that the defendent had been in possession and the only relief prayed for in the suit was to set aside the order dated 29.9.1969, no consequential relief was required to be made for in the suit. In appeal to this Court, appellant contended that in view of the express bar contained in the proviso appended to Section 34 of the Specific Relief Act, 1963 the suit was not maintainable and that in any event the Collector having not been impleaded as a party, the suit should have been dismissed. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 59 |
Petitioner | Meharchand Das |
Respondent | Lal Babu Siddique And Ors. |
SCR | [2007] 1 S.C.R. 1108 |
Judgement Date | 2007-01-17 |
Case Number | 6413 |
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