Negative Declaration

Section 42 specific relief act 1877..

Suit for negative declaration seeing only the disentitlement of defendants in suit property—maintainability – interpretation of section 42—plaintiff sought declaration to the effect that the defendants had no interest in the suit property and were no entitled to sell or dispose of, the same— question before the high court was whether plaintiff could seek such negative declaration in relation to the disentitlement of the defendants without claiming in ownership, interest or legal character for themselves in relations to the suit property — held that plaintiffs had to sought relief in respect of property in question for themselves nor any legal character had been attributed to suit property, hence no entitlement in terms of section 42 of specific relief act was available to the plaintiffs – plaintiff had sought declaration to the effect that defendants has no locus standi or right in relations to the suit property, however such prayer would not entitle the plaintiff to file suit for declaration when they were not claiming any interest title or legal character in the property and especially when defendants has established their interest in the property by placing a registered sale deed…suit for negative declaration was only maintainable in certain exceptional cases – when a plaintiff demonstrated some interest in the property to which some legal sanctity could be attached only then plaintiffs could seek some legal character in terms of section 42 of the specific relief act 1877.. suit for declaration in the present case sought declaration to the disentitlement of the defendants and was not maintainable. suit was dismissed.

2016 CLC  Note 10 page 13