Suit for Declaration,Injunction without asking for Possessio

Rahul Singh (Querist) 09 May 2010 This query is : Resolved
Whether in a suit for Declaration & Injunction asking for possession is mandatory,if not asked for possession then does it not follow.Then if possession not asked for whether the court can dismiss the suit only on the ground that possession is not claimed when other two grounds are proved?(refer to O.7 R.7 & S.34 Specific Rel.Act.)Give ruling also.

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Devajyoti Barman (Expert) 09 May 2010
What sort of declaration is it? Unless you have been dispossed already no such prayer is required. In any case to remove future complications you can now amend the prayer and add relief under order 2 rule 2 for further reliefs.If it is allowed then the suit is not barred u/s34 of SR Act.

Raj Kumar Makkad (Expert) 09 May 2010
I agree with barman.

Krishnamurthy Ramdas Iyer (Expert) 09 May 2010
Do you mean declarotary suit for title?
Injunction against what?

Kiran Kumar (Expert) 09 May 2010
Rahul Yes, in such a circumstance the suit can be dismissed.

S.34 (proviso) says Bar to such declaration- provided that no court shall make any such declaration where the plaintiff being able to seek further relief than a mere declaration of title, omits to do so.

in ur case, the possession should have been asked.........if it has to be mere declaration then there could be a misuse also like multiple litigation, one may file suit for declaration as to tile for any property etc.

recently I got a SC reference on this matter but till now I was not able to find any contrary view.

Parveen Kr. Aggarwal (Expert) 10 May 2010
It will depend on the facts of each case. In case the plaintiff is completely out of possession, he must sue for possession besides claiming the other reliefs.