Suit for declaration of Title without relief of delivery of possession not maintainable - Admission during trial - Admissions are not conclusive proof but may operate as estoppel against its maker.

Citation

AIROnline 2012 SC 785

SUPREME COURT

DR. B. S. CHAUHAN, J. and DIPAK MISRA, J.

CIVIL APPEAL - 1374 of 2008 D/-17-7-2012

Union of India v. Ibrahim Uddin

(A)Civil P.C. (5 of 1908), 0.41 R.27 - Specific Relief Act (47 of 1963), S.34 - Application for adducing additional evidence - Suit for declaration of title Plaintiff seeking to produce Will to prove his title on suit property - Plea of plaintiff that suit property was gifted by Maratha Govt. to his ancestors and said ancestors by way of Will bequeathed suit property in his favour - Fact of gifting land not proved - Rent note produced by tenant does not prove anything in favour of plaintiff - Further, Will in absence of any pleading either in plaint or first appeal could not be taken on record - Will was not proved - Title of defendant-Govt. cannot be disputed - Additional evidence cannot be permitted to be adduced. (Paras 63 64 67 68 69)

(B)Evidence Act (1 of 1872), S.58 - Admission during trial - Admissions are not conclusive proof but may operate as estoppel against its maker. (Para 24)

(D)Specific Relief Act (47 of 1963), S.34 Proviso -Suit for declaration - It is not permissible to claim relief of declaration without seeking consequential relief of possession. (Para 46)