2013 AIR SCW 3063 ::2013 (3) AIR Kant HCR 149 ::(2013) 120 RevDec 229 ::(2013) 2 WLC(SC)CVL 120 ::(2013) 1 CLR 1135 (SC) ::(2013) 4 CivLJ 33 ::(2013) 3 RecCivR 176 ::(2013) 5 Scale 511 ::(2013) 3 AllMR 899 (SC) ::(2013) 3 All WC 2213 ::(2013) 98 All LR 673 ::AIR 2013 SC (Civil) 1810 ::(2013) 3 ICC 250 ::(2013) 4 Mad LJ 700 ::2014 (14) SCC 502 ::AIR 2014 SC (Supp) 904 ::(2013) 125 AllIndCas 19 (SC)

Supreme Court Of India

(From : Madras)*

Hon'ble Judge(s): B. S. Chauhan, Fakkir Mohamed Ibrahim Kalifulla , JJ

Specific Relief Act (47 of 1963) , S.34 Proviso— Declaratory suit without consequential relief - Tenability - Suit by plaintiff for declaration that he is owner of suit property - And sale made to defendant was null and void - Suit property in possession of tenants who were parties to suit - Plaintiff could have claimed possession from tenants - Suit filed for declaration simpliciter - Not maintainable - Fact that plaintiff could file suit for eviction - No ground to hold suit as maintainable - Holding suit for declaration simpliciter as maintainable would defeat S. 34 proviso and O. 2, R. 2 of Civil P. C. Civil P.C. (5 of 1908) , O.2 R.2— (Para 15)