NDLI: Akkamma & Ors. Vs. Vemavathi & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Specific Relief Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Specific Relief Act, 1963 (47 of 1963)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Specific Relief Act, 1963 – s.34 – Two suits were filed in 1982 and 1987 in respect of the suit property – The 1982 suit, for perpetual injunction, was dismissed by the trial Court on the ground that plaintiff could not establish his lawful possession – Appeal was also dismissed by the High Court – The plaintiff alleged that defendants made attempts to interfere with his possession, hence 1987 suit was founded – Suit was for declaration of ownership and injunction – The trial Court held that plaintiffs proved ownership, but the aspect of possession and obstruction went against the plaintiffs – The suit was dismissed – High Court upheld the decision of the trial Court – Before the High Court, the plaintiff had sought to amend the plaint seeking alternative relief of possession of the suit property, however, the said relief was denied – Before Supreme Court, the appellants-plaintiffs having regard to the provision of s.34 of the 1963 Act urged that the suit ought not to have been dismissed as along with the claim for declaration, injunctive relief was also sought – Held: The High Court was right in holding that possession of the suit property was not established and hence injunctive relief could not not be granted – The High Court was also right in rejecting the plea for amendment – But that factor ought not to be a ground for denying declaration of ownership to the plaintiffs – There is no bar in the Specific Relief Act, 1963 in granting stand alone declaratory decree – The Trial Court came to a positive finding that the original plaintiff was the owner of the suit property – But it held that in absence of declaration of relief of possession by the plaintiff, declaration of title cannot be granted – This line of reasoning is not correct – There is a misconstruction of the provisions of Section 34 of the 1963 Act – The original plaintiff was entitled to declaration that he was the absolute owner of the suit property – There is no bar in granting such decree for declaration and such declaration could not be denied on the reasoning that no purpose would be served in giving such declaration – May be such declaratory decree would be non- executable in the facts of the case, but for that reason alone such declaration cannot be denied to the plaintiff.
Judge	Hon'ble Mr. Justice Aniruddha Bose
Neutral Citation	2021 INSC 785
Petitioner	Akkamma & Ors.
Respondent	Vemavathi & Ors.
SCR	[2021] 10 S.C.R. 1187
Judgement Date	2021-11-25
Case Number	5884

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