Supreme Court · 2013 INSC 236 · Decided 10 April 2013
Venkataraja & ORS. v. Vidyane Doureradjaperumal (D) THR.LRS. & ORS.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 236 · [2013] 5 S.C.R. 814
- Case number
- CIVIL APPEAL No. 7605/2004
- Decided
- 10 April 2013
- Bench
- B.S. CHAUHAN, F.M. IBRAHIM KALIFULLA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 34; Specific Relief Act Section 34, 42
Headnote
Specific Relief Act, 1963 - s.34, proviso - Suit filed by C appellants for declaration of title to property without seeking consequential relief of possession - Maintainability - Held: Where defendant is not in physical possession, and not in a position to plaintiff, it is not necessary for the plaintiff in a suit for declaration of title to property, to D claim possession - However, in the instant case, respondent nos.3 to 10 were tenants, residing in the suit property and definitely in a position to deliver the possession - Respondent nos. 3 and
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