Suit for declaration - Purchaser, admittedly not in possession of property -Relief of recovery of possession, however, not claimed in suit for declaration - Suit filed for mere declaration, without relief of recovery of possession, not maintainable - Onlyone owner of land, however, impleaded as party Issue regarding non-joinder of other owner as necessary party - Decree of declaration, not sustainable.

Citation

AIR 2017 SUPREME COURT 1034

SUPREME COURT

(From : Madras)*

RANJAN GOGOI, J. and ASHOK BHUSHAN, J.

Civil Appeal No. 2342 of 2017 (arising out of SLP (C) No. 21587 of 2014) D/-10-2-2017

Executive Officer, Arulmigu Chokkanatha Swamy Koil Trust, Virudhunagar v. Chandran

(A)Civil P.C. (5 of 1908), 0.1 R.9 - Non-joinder of necessary parties - Suit for declaration of title - Onlyone owner of land, however, impleaded as party Issue regarding non-joinder of other owner as necessary party raised and decided against purchaser High Court decreeing suit of purchaser, without considering findings regarding non-joinder of party - Decree of declaration, not sustainable. (Paras 29 30)

(B)Specific Relief Act (47 of 1963), S.34, S.42 - Suit for declaration - Purchaser, admittedly not in possession of property -Relief of recovery of possession, however, not claimed in suit for declaration - Suit filed for mere declaration, without relief of recovery of possession, not maintainable.