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Provisions Relating to Declaratory Suit - Specific Relief Act

Provisions Relating to Declaratory Suit - Specific Relief Act

Question: What do you mean by Declaratory Suit? Is it necessary to file a suit for execute such decree?

Answer:

Declaratory Suit

A person who has a title 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. Giving declaration in a declaratory suit is a discretionary power of the court.

Legal Explanation of a Declaratory Suit:

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.

Essential Elements of a Declaratory Suit:

An analysis of section 42 may result in a declaratory suit with following elements-

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.

How declaratory suits is to be filed:

The plaintiff can file a suit in the court claiming declaration on two issues:

A) A person possessing legal features

B) A person who has a right to any property.

What is Consequential Relief?

Consequential Relief has been discussed in 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 Consequential 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 a plaintiff is not in possession, then in the suit for declaration of title-ownership, he could 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.

Effect of Declaration:

According to section 43 of the Specific Relief Act, 1877, A declaration made under section 42 is binding only on the parties to the suit, persons claiming through them respectively, and, where any of the parties are trustees, on the persons for whom, if in existence at the date of the declaration, such parties would be trustees.

Is a suit for execution of such decree be filed to execute it?

If there is a declaratory suit, there is no need to issue a decree for execution of the decree in that suit. However, in case of a declaratory Suit with factual relief, a suit has to be filed to enforce the decree of that suit. For example, in a suit for recovery of possession including declaration of title, a suit has to be filed for recovery of possession after declaration of title.

Question: Mr. Rahim owns a piece of land and he is in possession of it. But the property was mistakenly recorded in Karim's name. If Rahim comes to you for legal help, what kind of plaint will you filed for him. Draft a plaint to that effect, citing the provisions of the Specific Relief Act.

Answer:

Facts in brief:

Mr. Rahim owns a piece of land and he is in possession of it. But the property was mistakenly recorded in Karim's name.

Legal Explanation:

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."

The problem mentioned in the question is that, Mr. Rahim is the owner of a piece of land and he is in possession of it, but the property has been mistakenly recorded in Karim's name. In such a situation, Mr. Rahim would have to be legally helped by filing a "declaratory suit" against Karim in the sense that the document recorded in the territorial jurisdiction was not applicable to him. Such a declaratory suit has to be filed under Section 42 of the Specific Relief Act, 1877.

Drafting of a declaratory suit citing the provisions of the Specific Relief Act.

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