Plaintiff claiming declaration of his ownership - Relief of permanent injunction restraining defendants from interfering with plaintiff's possession and even alternative prayer for decree for possession also claimed - Dismissal of suit on ground that it was suit simpliciter for declaration - Improper

Citation

2011 AIR SCW 2203

2011(4) SCC 567

SUPREME COURT

(From : Punjab and Haryana)* G. S. SINGHVI, J. and A. K. GANGULY, J.

Civil Appeal No. 1142 of 2003, D/-3-2-2011

Gian Kaur v. Raghubir Singh

Specific Relief Act (47 of 1963), S.34 - Bar to suit simpliciter for declaration - Applicability - Plaintiff claiming declaration of his ownership - Relief of permanent injunction restraining defendants from interfering with plaintiff's possession and even alternative prayer for decree for possession also claimed - Dismissal of suit on ground that it was suit simpliciter for declaration - Improper. RSA No. 1806 of 2000, D/- 26-2-2008 (PandH), Reversed.

AIR 1972 SC 2685, Disting.

(Paras 8 11)