Housing Society Ltd., the first respondent herein instituted a suit No.794 of 1988 before the City Civil Court, Hyderabad, seeking a declaration of title over land comprising 6 acres 30 guntas in Survey No.60/1 and 61 of Kakaguda village and recovery of the vacant possession from Defendant Nos.1 to 3 and 7, the appellants herein, after removal of the structure … Wherefore it is most humbly prayed that your Honour would be pleased to grant the following relief(s): a. A decree declaring that the Plaintiff is … Section 34 and 35 of the Specific Relief Act lay down the law relating to declaratory decrees. 23. 64, it must be shown that the suit is in form as well as in substance based on the allegation of the plaintiff having been in possession and having subsequently lost the possession either by dispossession or by discontinuance. The Court held that the suit was filed for declaration of title and recovery of possession and that no relief was claimed against the defendants on the footing of their being mortgagees and to such a suit Articles 148 of the First Schedule to Limitation Act could not be applied and the correct Article to be applied was Article 144.

The relief of injunction in a suit for declaration is the consequential relief in most cases.

That this being a suit for declaration of title and recovery of khas possession, advaloram court fee is paid herewith. Article 64 is restricted to the suits for possession or dispossession or discontinuous of possession. In order to bring a suit within the purview of the Art.

Suit for declaration is a declaration from the court on any issue by way of a decree of the court. The Vasavi Co-op. Para 11.3- Where the Plaintiff is in possession but his title to the property is dispute, or under a cloud, or where the defendant asserts title thereto and there is also thereat of dispossession from the defendant, the Plaintiff will have to sue for declaration of title and consequential relief of injunction. 1.

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