Supreme Court of India
Venkataraja & Ors. v. Vidyane Doureradjaperumal (d) Thr.lrs. & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that the High Court has erred in recording such a finding.
Judgment, page 14
From the headnote
Specific Relief Act, 1963 - s.34, proviso - Suit filed by 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 deliver possession to the plaintiff, it is not necessary for the plaintiff in a suit for declaration of title to property, to 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 10 being admittedly in
Authorities it was built on
Where later benches applied it
- 2021 Akkamma & Ors. v. Vemavathi & Ors.
- 2024 Vasantha (dead) Thr. Lr. v. Rajalakshmi @ Rajam (dead) Thr.lrs.
Of those, 1 relied on · 1 referred to
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