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Supreme Court of India · 13/02/2024

VASANTHA (DEAD) THR. LR. versus RAJALAKSHMI @ RAJAM (DEAD) THR.LRS.

[2024] 2 S.C.R. 326 · 2024 INSC 109

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Summary

A suit seeking only declaration of title was not maintainable when the plaintiff admitted that the defendant was in possession and did not seek the consequential relief of possession. The suit was also barred by limitation. The Court restored the trial and first appellate courts’ dismissal.

Issues

  1. Whether the title declaration suit was barred by limitation.
  2. Whether a plaintiff out of possession could seek declaration of title without consequential relief for possession.

Provisions considered

Held

Result

The appeal was allowed, the High Court judgment was set aside, and the trial and first appellate courts’ dismissal of the suit was restored.

Judgment PDF: Supreme Court of India, [2024] 2 S.C.R. 326.