Suit for declaration of share in property - Plaintiff was not in exclusive possession of property because twoother persons and also tenants were in occupation -Failure of plaintiff to claim relief of possession - decree for declaration barred - without specific prayer court cannot mould the relief

Citation

AIR 1993 SUPREME COURT 957

1993 Supp (3) SCC 129

SUPREME COURT (From : Allahabad) 

S. C. AGRAWAL, J. and S. MOHAN, J.

Civil Appeal No. 3654 of 1983, D/-6-3-1992

Vinay Krishna v. Keshav Chandra and another

Specific Relief Act (47 of 1963), S.42 - Applicability -Suit for declaration of share in property - Plaintiff wasnot in exclusive possession of property because twoother persons and also tenants were in occupation -Failure of plaintiff to claim relief of possessionDiscretion of Court in granting decree for declaration barred - Mere prayer in plaint that such other relief begranted to plaintiff without specific plea forpossession - No sufficient.-