Supreme Court · 2011 INSC 97 · Decided 3 February 2011
Gian Kaur v. Raghubir Singh
- Court
- Supreme Court of India
- Citation
- 2011 INSC 97 · [2011] 2 S.C.R. 486
- Case number
- CIVIL APPEAL No. 1142/2003
- Decided
- 3 February 2011
- Bench
- G.S. SINGHVI, A.K. GANGULY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Specific Relief Act Section 34
Headnote
Specific Relief Act, 1963 - s. 34 - Suit for declaration - Decreed by trial court and first appellate court - However, set C aside by High Court on a finding that suit simpliciter for declaration is not maintainable uls. 34 and the plaintiff should have filed a suit for possession - Held: Finding is not maintainable u/s. 34, is not sustainable - In the suit, apart from a prayer for D declaration there was a consequential prayer for a decree for permanent injunction as also an alternative prayer for decree for possession - Also, the issue relating to the maintainability of the suit
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