Gian Kaur Vs. Raghubir Singh
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Head Note
The Specific Relief Act, 1963 - Section 34
Declaration of possession and permanent injunction - Trial court dismiss the suit - First Appeal decreed suit - High Court - Reversed the judgment and decree of the Court below - Suit for declaration that the plaintiff is the owner in possession is not maintainable - Appeal - It is found that apart from making a prayer for declaration there is also a consequential prayer for a decree for permanent injunction restraining the defendant from alienating the suit property or interfering in peaceful possession of plaintiff therein - Finding of the High Court that the suit is merely for declaration and is not maintainable under Section 34 of the Specific Relief Act cannot be sustained - Impugned order of the High Court set aside and of the First Appellate Court restored - Appeal allowed
Topic(s)-Declaration of possession and permanent injunction