Declaratory Suits & Decrees - Specific Relief Act

Declaratory Suits & Decrees

Question: What is a declaratory decree? In which suits and under what circumstances can a declaratory decree be issued? What are the exceptions?

Answer:

Declaratory Decrees:

A person who has a right to any property or a person who has a legal status can exercise his right without any interference. If someone objects or interferes with his or her rights or legal status, he or she can sue and get a declaration of his or her rights. Such a suit is called a declaratory suit. A decree issued in a declaratory suit is called a declaratory decree.

Section 42 of the Specific Relief Act of 1877, has provided for declaratory suit. According to this section, "Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the Court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief. Provided that no Court shall make any such declaration where the plaintiff, being able to claim further relief than a mere declaration of title, omits to do so."

Example: A is lawfully in possession of certain land. The inhabitants of a neighboring village claim a right of way across the land. A may sue for a declaration that they are not entitled to the right so claimed.

Matters that can be sued and matters that cannot be sued to have a declaration:

Marriage Declaration Suit:

1. The plaintiff was not married to the defendant.

2. The parties to the suit have divorced.

3. The defendant was not married according to the law of the deceased owner.

Suit for declaration to determine the adoption valid or invalid:

1. The plaintiff is the adoptive father of the defendant or the defendant is the adopted son of the plaintiff.

2. The plaintiff is the adopted son of the defendant.

3. The plaintiff is not the adopted son of the defendant.

If the decree is obtained fraudulently, it does not applicable to the plaintiff in the suit, to the effect that a declaratory suit can be filed.

Declaratory suits can be filed regarding shares. Because shareholders have legal rights to the company's property. Therefore, a declaratory suit can be filed in this regard.

Tax issues are a legal right so you can file a declaratory suit in this regard.

Religious issues are a legal right, so you can file a declaratory suit in this regard.

To get money from the creditor regarding financial matters to the effect that the declaratory suit does not exist. In this case money suit has to be filed.

In the case of Benami transactions-  a Benami purchaser cannot claim to be the owner by declaratory suit. However, the owner can file a declaratory suit against him.

The heirs of the deceased can file a declaratory suit to this effect.

Declaratory suits can be filed regarding private employment.

But a declaratory suit cannot be filed on the issue of public service, as the matter has to be filed in the administrative tribunal of 1980.

No declaratory suit can be filed in that regard if it is withdrawn before being appointed, even after being selected for the job, or after final result. Because only appointment letter does not create legal status or rights for any position. Such rights are created when the appointment is received.

No declaratory suits can be filed on all matters relating to elections which are under the jurisdiction of the Election Tribunal.

However, declaratory suits can be filed on all matters which are not within the jurisdiction of the Election Tribunal. For example, to establish right to vote or give vote, a declaratory suit can be filed.

Cancellation of documents and non-applicability to the plaintiff, to the effect that a declaratory suit can be filed.

If someone claims ownership as a fake or fraudulent deed, the real owner can file a declaratory suit to the effect that he is the owner of the land.

No declaratory suit can be filed to the effect that he has passed the examination.

In a jointly owned property whose rights will be denied by others, he can file a declaratory suit rather than a declaration of his ownership.

If a person possesses a land for 12 years, his right is created according to the possession formula. If anyone denies his rights then he can file a declaratory suit.

The owner claims to get possession back against the occupant, the occupier will be able to file a declaratory suit for possession of that land.

Declaratory suits can be filed to the effect that the government claim is void and not effective on the plaintiff.

The right to use trademarks is a legal right. A declaratory suit can be filed in this regard.

A declaratory suit can be filed regarding trust. Declaratory suits to the effect that such trustees have the right to be appointed.

Declaratory suits can be filed regarding vested property.

Under which circumstances can a declarative decree be issued?

An analysis of section 42 may result in a declaratory decree in the following circumstances:

1. The plaintiff must have legal status or rights to the property.

2. Defendant will be the person who denies or is willing to deny the plaintiff's legal status or right to any property.

3. Rights in this legal identity or property will arise from the legal aspect, not from the contract.

4. The declaration for which the suit is filed must state that the plaintiff has a legal status or right to property, and

5. Above all, the court will grant relief to the declaratory suit in the light of its discretionary power.

What is further relief in diclatory suit?

In accordance with the provisions of Section 42 of the Specific Relief Act, the natural relationship with the declaration other than the declaration of title-ownership and the relief following the declaration is called further relief. The further relief is naturally related to the original declaration and is regarded as the relief following the declaration.

Declaration is the main relief in the suit for declaration of title-ownership if the plaintiff is not in possession, then in the suit for declaration of title-ownership he should also claim for recovery of possession as an adjunct remedy. Such a remedy is called a consequential relief. If the plaintiff does not claim consequential relief in the declaratory suit, the court will not grant any declaration of title-ownership. This provision of section 42 has been given to prevent multiplicity of suits on the same subject-matter.

Question:  The court shall not give a declaration where the plaintiff could have claim further relief in addition to the self-declaration, but did not do so. Discuss the matter with examples in the light of the provisions of the Specific Relief Act. Or 'A' has a title in a property, but no possession. Can 'A' have obtained only a declaration on such property?

Answer:

Whether only declaratory suit is maintainable where there is no possession of the land:

In accordance with the provisions of Section 42 of the Specific Relief Act, the natural relationship with the declaration other than the declaration of title-ownership and the relief following the declaration is called further relief. The further relief is naturally related to the original declaration and is regarded as the relief following the declaration.

Declaration is the main relief in the suit for declaration of title-ownership. If the plaintiff is not in possession, then in the suit for declaration of title-ownership, he should also claim for recovery of possession as an adjunct remedy. Such a remedy is called a consequential relief. If the plaintiff does not claim consequential relief in the declaratory suit, the court will not grant any declaration of title-ownership. This provision of section 42 has been given to prevent multiplicity of suits on the same subject-matter. For example, 'A' has dispossessed by his neighbor 'B' from the land owned by him by claiming ownership on the basis of forged documents. After being dispossessed, "A filed a suit claiming only declaration as the right. In this case, the relief for possession of "A" is the consequential relief, except that the decree of declaration of ownership alone will not be of any use in this suit. The court will therefore dismiss his suit in this case, unless he claims recovery of possession as a further relief. In other words, you will not get decree of any declaratory suit under section 42.

Question: 'X', sued for declaring his title to the 10 percent of land. He alleges that T took his signature on the unwritten stamp paper fraudulently and later 'Y' made a sale deed for that 10 percent of land and dispossessed him from 5 percent of land out of 10 percent of land. Can 'X' be given his claimed relief? Answer logically.

Answer:

Whether 'X' is entitled to have the relief he claimed?

No, X shall not be entitled to have the decree.

Reason behind the answer:

The matter in aforesaid question shows that Y claimed ownership by making a fraudulent deed and dispossessed X from his land on the basis of that deed. X' only files a declaratory suit under section 42, which will not be maintainable before the court. This is because he did not claim to recover the possession of the land under section 8 and to cancel the deed prepared fraudulently under section 39 as a consequential relief.

In accordance with the provisions of Section 42 of the Specific Relief Act, the natural relationship with the declaration other than the declaration of title-ownership and the relief following the declaration is called further relief. The further relief is naturally related to the original declaration and is regarded as the relief following the declaration.

Declaration is the main relief in the suit for declaration of title-ownership. If the plaintiff is not in possession, then in the suit for declaration of title-ownership he should also claim for recovery of possession as an adjunct remedy. Such a remedy is called a consequential relief. If the plaintiff does not claim consequential relief in the declaratory suit, the court will not grant any declaration of title-ownership. This provision of section 42 has been given to prevent multiplicity of suits on the same subject matter. For example, "A' has dispossessed by his neighbor "B" from the land owned by him by claiming ownership on the basis of forged documents. After being dispossessed, "A" filed a suit claiming only declaration as the right. In this case, the relief for possession of 'A' is the consequential relief, except that the decree of declaration of ownership alone will not be of any use in this suit. The court will therefore dismiss his suit in this case, unless he claims recovery of possession as a further relief. In other words, you will not get decree of any declaratory suit under section 42.

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