DECLARATORY SUIT

~ A declaratory suit is that suit in which the plaintiff requests before the court to declare his
legal rights and the status.

~ On being declared by the court the plaintiff position is clarified and the doubt is removed.

~ Law relating to declaratory suits is contained under Section 34 of Specific Relief Act 1963.
According to this, only that person may suit who is entitled to any legal character to any right
as to any property and his legal character or right is denied by the defendant.

Declaratory suit by the Gram Panchayat section 145

~ The provisions of section 145 of UP Revenue Code override the provisions of Section 34
of Specific Relief Act.
Under Specific Relief Act, the legal character of property in respect of which the
declaration is sought must belong to the plaintiff whereas under Section 145 of the code,
Gram Panchayat can sue for declaration of the rights of any person entitled thereto.

~ Declaratory Suit may be affirmative as well as negative.[CASE:- Ramnarayan vs Kanchan

1943]

~ The Gram Panchayat may sue any person claiming to be an Asami of the Gram
Panchayat land for a declaration of the right of such persons.

~ The forum is Sub Divisional Officer.

~ The first appeal shall lie to the Commissioner and second appeal to the Board of Revenue.

Declaratory Suit by an Asami (Section 144)

~ An Asami may institute a suit for declaration of a status against his land holder.

~ The plaintiff may be an Asami of the whole holding or only part of the holding.

~ He may be an exclusive Asami or joint Asami with some other persons.

~ The forum is a Revenue Court of a Sub Divisional Officer.

~ An Asami who is in possession of the holding but whose title is denied by the land holder
can always sue for a declaration of his title
Declaratory suit by a Bhumidhar or his co-sharer (Section
144)
~ Any person claiming to be a Bhumidhar of a holding or any part thereof, whether
exclusively or jointly with any person may institute a declaratory suit in the Revenue Court of
Sub Divisional Officer.

~ The co-bhumidhars shall be made defendant.

~ The state government and the concerned Gram Panchayat also be impleaded as
defendants.

~ When the state government is impleaded as a defendant, the service of notice is

mandatory.

~ If the state government and Gram Panchayat are not made parties, no relief could be
granted to the plaintiff.
~ Where a bhumidhar is joint with other bhumidhars he may institute a declaratory suit of his
own share in the holding or holdings. It is not necessary that he should ask for a partition.

Illustration
A, a bhumidhar dies, surviving three sons X, Y and Z. Y and Z take the position of all lands
because X has been in service away from home. Y and Z both denied the right and the title
of X.
The proper remedies available to X is to file a suit for the division under section 116 of the
code. X has also an option to file a suit for declaration of his rights as co-Bhumidhar with Y
and Z.

~ Where a bhumidhar has been dispossessed, he must file a suit under section 134 for
ejectment of the trespasser and also for the possession of the land.
However, such tenure holders may file a composite suit asking for the relief for declaration
of title under section 144 and relief for ejectment of trespasser under section 134 of the code
at any time before a competent court.