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When suit for possession is maintainable without claiming de

When suit for possession is maintainable without claiming declaration?

In the aforesaid background of facts, we come to the question whether it was
necessary to seek relief or declaration of title. In our opinion, the plaintiff has filed the
suit for possession on the strength for title and not only on the basis of prior possession.
It was not a summary suit for ejectment filed under Section 6 of the Specific Relief Act,
1963. Thus, plaintiff could succeed in suit for possession on the strength of the title.
The issue had been framed on the question of title of the plaintiff as well as on the

question of adoption of defendant no.3. On the basis of title claimed in the suit, both the
parties have adduced their evidence in support of their respective cases. The main plea
of defendant no. 3 that she was an adopted daughter of Yashoda has not been found to be
established by the trial Court, the first Appellate Court or by the High Court.Thus, in
our opinion, there was no serious cloud on the title of the plaintiff so as to force him toseek the relief for declaration of title in the instant case which was in fact based on the
strength of the sale deed executed by Buchamma, who was the sole surviving heir of
Balaiah as such succeeded to the property and had the right to execute the sale deed in
favour of the plaintiff.
13. We are fortified in our aforesaid conclusion by a decision in Kurella Naga Druva
Yudaya Bhaskara Rao v. Galla Jani Kamma (2008) 15 SCC 150, wherein this Court has
examined the question of maintainability of suit for possession without prayer for
declaration of title. This Court has referred to its earlier decision in Anathula Sudhakar
v. P. Buchi Reddy (2008) 4 SCC 594, wherein the plaintiff had purchased the suit land
under registered sale deed dated 10.4.1957 and the defendant did not claim the title with
reference to any document but claimed to have perfected title by adverse possession. It
was held by this Court that the said plea did not prima facie put any cloud over the
plaintiff’s title calling him to file suit for declaration of title. Unless there is serious
cloud over the title of the plaintiff there is no need to file suit for declaration of title. The
suit for possession was maintainable. This Court laid down as follows:
“16. The plaintiff had purchased the suit land under registered sale
deed dated 10.4.1957. Defendant did not claim title with reference to any
document but claimed to have perfected title by adverse possession. A mere
claim by the defendant that he had perfected his title by adverse possession,
does not mean that a cloud is raised over plaintiff's title and that the
plaintiff who is the owner, should file a suit for declaration of title. Unless
the defendant raises a serious cloud over the title of the plaintiff, there is noneed to file a suit for declaration. The plaintiff had title and she only wanted
possession and therefore a suit for possession was maintainable. We are
fortified in this view by the following observations of this Court in
Anathula Sudhakar v. P. Buchi Reddy (2008) 4 SCC 594:
“14. We may however clarify that a prayer for declaration will
be necessary only if the denial of title by the defendant or challenge
to plaintiff's title raises a cloud on the title of plaintiff to the property.
A cloud is said to raise over a person's title, when some apparent
defect in his title to a property, or when some prima facie right of a
third party over it, is made out or shown. An action for declaration, isthe remedy to remove the cloud on the title to the property. On the
other hand, where the plaintiff has clear title supported by
documents, if a trespasser without any claim to title or an interloper
without any apparent title, merely denies the plaintiff's title, it does
not amount to raising a cloud over the title of the plaintiff and it will
not be necessary for the plaintiff to sue for declaration. ...."

REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4816 OF 2016
[Arising out of SLP (Civil) No. 13076 of 2007]
Muddasani Venkata Narsaiah (D) Th. Lrs. .. Appellants
Versus
Muddasani Sarojana .. Respondent
Dated:May 5, 2016.
Arun Mishra, J.
Citation:AIR 2016 SC 2250

https://www.lawweb.in/2016/07/when-suit-for-possession-is.html