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Declaration o Rights

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Azad Sami
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16 views3 pages

Declaration o Rights

Uploaded by

Azad Sami
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Q 5.

What do you mean by declaration of rights discuss the


remedy as laid down by specific relief act
1. Introduction
 Declaration is a legal order of the court which relates to person's right to property or his
status. Declaration under specific relief act is particular type of relief where there is no
specific performance, no award of compensation but merely a declaration of rights of
the parties.

2. Relevant Provisions
 Sec. 42, 43 specific relief act deals with declaration of rights or status.

3. Discretion of court as to declaration of rights


 Any person entitled to any legal article, or to any right of any property can file the case
against any person denying or interested to deny, and the court with his own discretion
can make a declaration that he is so entitled, and the plaintiff need not in such suit ask
for any further relief.

 Example
 A lawfully has a possession of certain land. The people of a neighboring village claim a
right of way across the land. A can file a case for declaration of right that they are not
entitled to the right of way.

4. Object of declaration:
Following are the objective of the declaration of rights. Details are as under:

 To protect the legal right and legal character of the owner from the illegal attack
 To enjoy the legal character and legal right peacefully by peaceful owner,
 To protect the law & peace where adverse possession is noticed.
 To define a person's legal character and provision of remedy in case of any
violation

5. Who can sue for declaration of rights?


Following are the person who can file the case for declaration of rights.

 Persons having any legal character


 Person having any right upon any property.
6. Who can be sued for declaration of rights?
Following are the person who can be sued for declaration of rights.

 Any person who is denying a right.


 Any person who is Interested to deny his title of such character of right.
 7. Case law 2004 MLD 227
 It was held that any person entitled to any right of any property can file the case against
any person who is denying or interested to deny his right.

7. Essentials for declaratory suit


Following are essentials for declaratory suit.

1. Legal character:
 The plaintiff should be entitled to any legal character at the time of suit.

2. Right to property:
 The plaintiff should be entitled to a right of property for declaratory suit.

3. Denial by defendant:
 Defendant should have denied or interested to deny the legal character or right of
property of the plaintiff.

4. No other extra relief:


 If the plaintiff not have no other extra relief.

8. Nature of declaratory relief


 Declaratory relief is equitable remedy that’s why it cannot be claimed as matter of right.
It is a relief where the legal position of the plaintiff is declared by the court.

9. When extra relief is not requested:


 Extra relief is not requested by the plaintiff when the court dismisses the suit

10. When declaration is refused by the court


Following are the case when declaration is refused by the court.

1) Vexatious (Distressing) litigation:


 In vexatious litigation declaration is refused by the court.

2) Evasion of court fee:


 In case of evasion of court fee declaration would be refused by the court.

3) Multiplicity of suit
 In case of multiplicity of suit declaration is refused by the court.
11. Scope:
 Any person entitled to any legal character or to any right of any property can file the
case against any person who is denying the legal right of the owner in this case court by
his own discretion makes a decision for further relief

12. Effect of declaration


 A declaratory decree is one which resolves the legal uncertainty of the rights and status
of the parties. However, passing of a declaratory decree is a matter of discretion of
court and it cannot be claimed as a right.

13. Conclusion
 To conclude i can say that court grants declaration of rights in order to ensure and
protect the interests of people at large. The court cannot grant declaration on question
of law. A suit for declaration can be filed by any person who is entitled to any legal
character or any right of property but where right of his own legal character or property
is not involved the suit is not maintainable

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