Declaratory Decrees and Specific Relief: Understanding Section 42 of the 1877 Act
DECLARATION
Relevant Provision
: ………………………………..S.42 specific Relief Act 1877
Declaratory Decrees for Declaration of status or right
:
Any person
entitled
to any
legal character
or to any
right
as to any property, may
institute a suit against any person
denying
or interested to deny , his
title to such character or right, the court may
(discretion)
make a
declaration
that he is so entitled,
The plaintiff need not seek any further relief.
Definition:
A statement that is emphatic and explicit
(spoken or written)
(a)
A is lawfully in possession of certain land. The
inhabitants of a neighboring village claim a right of way
across the land. A may sue for a declaration that they are
not entitled to the right so claimed.
(b) A is in possession of certain property. B, alleging that he
is the owner of the property, requires A to deliver it to him.
A may obtain a declaration of his right to hold the property.
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The object of section 42 specific Relief act 1877 is
merely to
strengthen testimony regarding the title
of the plaintiff so that adverse attacks on such title
may not weaken it. (AIR 1915 Mad. 348)
43. Effect of declaration.
– A declaration made under this
Chapter is binding only on the parties to the suit, persons
claiming through them respectively, and, where any of the
parties are trustees, on the persons for whom, if in existence at
the date of the declaration, such parties would be trustees.
Illustration
A, a Hindu, in a suit to which B, his alleged wife, and her
mother, are defendants, seeks a declaration that his marriage
was duly solemnized and an order for the restitution of his
conjugal rights. The Court makes the declaration and order. C,
claiming that B is his wife, then sues A for the recovery of B. The
declaration made in the former suit is not binding upon C.
Limitation for suit for declaration:
Art 120 of Limitation Act 1908 provides
6 years from the date of accrual of COA
Thank you
Section 42 of the Specific Relief Act of 1877 allows individuals to seek court declarations affirming their legal rights or status without necessarily requiring further remedies. The provision aims to protect against challenges to one's title and outlines the effects and limitations of such declarations. The act is binding on parties involved in the suit and those claiming through them, with a specific time limitation for initiating such suits.
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Presentation Transcript
DECLARATION Relevant Provision : ..S.42 specific Relief Act 1877 Declaratory Decrees for Declaration of status or right : Any person entitled to any legal character or to any right as to any property, may institute a suit against any person denying or interested to deny , his title to such character or right, the court may (discretion) make a declaration that he is so entitled, The plaintiff need not seek any further relief.
Definition: A statement that is emphatic and explicit (spoken or written)
(a)A is lawfully in possession of certain land. The inhabitants of a neighboring village claim a right of way across the land. A may sue for a declaration that they are not entitled to the right so claimed. (b) A is in possession of certain property. B, alleging that he is the owner of the property, requires A to deliver it to him. A may obtain a declaration of his right to hold the property.
Object of Declaration Object of Declaration The object of section 42 specific Relief act 1877 is merely to strengthen testimony regarding the title of the plaintiff so that adverse attacks on such title may not weaken it. (AIR 1915 Mad. 348)
43. Effect of declaration. A declaration made under this Chapter is binding only on the parties to the suit, persons claiming through them respectively, and, where any of the parties are trustees, on the persons for whom, if in existence at the date of the declaration, such parties would be trustees. Illustration A, a Hindu, in a suit to which B, his alleged wife, and her mother, are defendants, seeks a declaration that his marriage was duly solemnized and an order for the restitution of his conjugal rights. The Court makes the declaration and order. C, claiming that B is his wife, then sues A for the recovery of B. The declaration made in the former suit is not binding upon C.
Limitation for suit for declaration: Art 120 of Limitation Act 1908 provides 6 years from the date of accrual of COA
