Declaration Under Specific Relief Act
1. Introduction
Declaration is an authoritative pronouncement by the court regarding a person’s right to property or status. A declaration under the Specific Relief Act is a specific type of relief where there is no specific performance or award of compensation, but merely a declaration of the parties’ rights.
2. Relevant Provisions
Sections 42 and 43 of the Specific Relief Act.
3. Discretion of Court as to Declaration of Status or Right
Any person entitled to any legal character or right to property may file a suit against any person denying or interested in denying their title to such character or right. The court may, in its discretion, make a declaration that the person is so entitled. However, the plaintiff need not ask for any further relief in such a suit. No court shall make a declaration where the plaintiff could seek further relief but omits to do so.
4. Object of Declaration
The object of a declaratory decree is to provide a remedy where a person’s status or legal character has been defined.
5. Who May Sue
(i) Persons having any legal character (ii) Persons having any right to property
6. Against Whom Suit Can Lie
(i) Any person denying a right (ii) Any person interested in denying a title of such character or right
7. Essentials for Declaratory Suit
– Legal character: The plaintiff must be entitled to any legal character at the time of suit. – Right to property: The plaintiff must be entitled to a right to property. – Denial by defendant: The defendant must have denied or been interested in denying the plaintiff’s legal character or right to property. – No other consequential relief: The plaintiff should not have any other consequential relief.
8. Nature of Declaratory Relief
Declaratory relief is an equitable remedy that cannot be claimed as a matter of right. It is a relief where the legal position is declared in a dispute.
9. When Consequential Relief Is Not Prayed
When consequential relief is not prayed by the plaintiff, the court may dismiss the suit.
10. Declaration When Refused by the Court
In the following cases, a declaration may be refused by the court:
– Vexatious litigation – Evasion of court fee – Multiplicity of suits
11. Scope
Any person entitled to any legal character or right to property may file a suit against any person denying their title or right. The court may, in its discretion, make a declaration that the person is so entitled. The plaintiff need not ask for further relief in such a suit.
12. Effect of Declaration
The declaration is binding on the parties to the suit and persons claiming through them.
13. Conclusion
The court grants declarations of rights to ensure and protect the interests of people at large. The court cannot grant a declaration on a question of law. A suit for declaration can be filed by any person entitled to any legal character or right to property, but where the right of their own legal character or property is not involved, the suit is not maintainable.