Whether suit without prayer for declaration is maintainable, when especially the title of the plaintiff is disputed?

Tag – Paying revenue doesn’t amount to be in possession of the property.

Facts:

1. That appellant claims to be in possession of suit property for 40 years.
2. That respondent claims at present the respondent is in possession of the suit property.
3. Appellant went to district court by filing perpetual injunction. District court after reviewing the revenue receipts (kist) held judgment in favour of appellant.
4. Respondent aggrieved preferred appeal before the High court and High Court while admitting the Appeal framed a substantial question of law, as to whether the suit without the prayer for declaration is maintainable when especially the title of the plaintiff is disputed. High Court allowed the appeal. Hence, this Civil Appeal.

Judgment:

Appeal dismissed stating not to interfere with the judgment of High Court.

Dissected by Hemdeep Moran, Advocate at Blue Sapphire Lex Chambers, Advocates & Solicitors. Contact – hemdeep@hmpartners.in

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