LI Network
Published on: December 26, 2023 at 13:19 IST
The Himachal Pradesh High Court, through Justice Vivek Singh Thakur, has delivered a judgment clarifying that Section 34 of the Specific Relief Act, 1963, does not inherently prohibit a suit seeking a mere declaration of title, even if the plaintiffs could have pursued additional consequential relief.
Justice Thakur emphasized that Section 34 of the Act does not mandate the dismissal of a declaratory suit without consequential relief merely because the respondents-plaintiffs chose not to seek additional remedies beyond the declaration of title.
The court made these observations while adjudicating a petition challenging the rejection of an application under Order 7 Rule 11 (d) of the Code of Civil Procedure (CPC) by the Additional District Judge, Solan.
The petitioners argued that since the respondents, claiming ownership of the disputed property, had never been in possession, their suit for a declaration without seeking possession was barred by Section 34 of the Specific Relief Act.
The respondents countered, asserting that their visits to their grandfather’s property demonstrated their possession, and argued that the question of possession should be addressed during the main suit.
Justice Thakur examined Section 34 of the Act, emphasizing that the proviso to the section does not automatically dismiss a suit for a mere declaration if additional relief is not sought by the plaintiffs. Instead, it empowers the court to withhold a declaration if the plaintiffs deliberately choose not to seek further relief.
The Court noted that the respondents’ suit included consequential reliefs such as permanent prohibitory injunction and damages, indicating that it was not solely a suit for declaration.
Justice Thakur underscored that possession is a factual matter to be proven through evidence during the trial and cannot be determined solely based on the contents of the plaint.
In conclusion, the High Court upheld the rejection of the application under Order 7 Rule 11 (d) CPC, affirming the order issued by the Additional District Judge.
Case Title: Sudhakar Sharma & others Vs Nandini Mishra & others
