Supreme Court of India
Gian Kaur v. Raghubir Singh
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1 Supreme Court bench has cited this judgment.
What the Court ordered
For the reasons aforesaid, this Court holds that the suit G ! is not hit by Section 34 of the Specific Relief Act.
Judgment, page 6
From the headnote
Specific Relief Act, 1963 - s. 34 - Suit for declaration - Decreed by trial court and first appellate court - However, set 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 of the High Court that suit simpliciter for declaration is not maintainable u/s. 34, is not sustainable - In the suit, apart from a prayer for declaration there was a consequential prayer for a decree for permanent injunction as also an alternative prayer for decree for possession - Also, the issue
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