KAMLA Vs. CHARAN SINGH SHARMA & ORS

JUDGEMENT

(1.) C.M. No.45492/2018 (for exemption)

(2.) It is submitted by the learned counsel for the petitioner that the plaintiff has merely claimed a relief of declaration which is not maintainable under Section 34 of the Specific Relief Act. He has relied upon the judgment of the Hon'ble Supreme Court in Union of India vs. Ibrahim Uddin & Anr, (2012) 8 SCC 148 to urge that a suit for declaration in the absence of consequential relief of possession is not maintainable.

(3.) A perusal of the copy of the plaint filed by respondent No.1 reflects that the plaintiff/R-1 has not only claimed a decree of declaration to the effect that he is the owner in possession of the plot bearing municipal No.634 measuring 200 sq. yds. situated in Rishi Nagar Shakur Basti, New Delhi being the successor in interest of Late Smt.Shiv Devi who became owner by virtue of the sale deed dated 19.5.1953 but also a decree of permanent injunction to restrain the petitioner and other defendants from transferring and raising any construction and changing the nature of the suit property. On issue No.5, I have perused copy of the plaint in Suit No.328/1992. This suit was not filed by the respondent/plaintiff but by petitioner and respondent No.2 to 4 and Smt. Rewti Devi and it is incomprehensible to apply Order II Rule 2 CPC.