Law of Contract - I

The Specific Relief Act, 1963

Declaratory Decrees
(Section 34-35)
PREPARED BY :-
Ms. LOVEPREET KAUR
Assistant Professor Of Law
RGNUL, Punjab
The Specific Relief Act, 1963
The Specific Relief Act, 1963 -
The Specific Relief Act, 1963 -
 THE SCOPE AND AMBIT OF DECLARATORY
DECREE UNDER THE SPECIFIC RELIEF ACT, 1963
1. Requisite of Section 34 :- A person claiming declaratory
relief must show that he is entitled
(1.) to a legal character, or
(2.) to a right as to property, and that
(3.) The defendant has denied or is interested to deny his
title to such character or right (Cloud upon title) and
(4.) He has sought all reliefs in the suit.

2. Object of this Section

3. It is a Discretionary Relief
- Maharaja Benares v. Ramji Khan, ILR 27 All. 138
4. A suit for a negative declaration
- Jagatram vs. Basanti, AIR 1959 Pun. 581
 THE SCOPE AND AMBIT OF DECLARATORY
DECREE UNDER THE SPECIFIC RELIEF ACT, 1963

5. When suit for declaration is not Maintainable

(a) Suit for Bare Injunction - If any person is
seeking for a mere injunction without seeking
for any declaration of title, is it maintainable

6. Effect of declaration - Section 35

(a) Declaratory decree binds who
(b) Declaratory decree is “in personam” or “in
rem”
 THE SCOPE AND AMBIT OF DECLARATORY
DECREE UNDER THE SPECIFIC RELIEF ACT, 1963
7. Judicial Precedents and Case Laws : Supreme Court :-

1. Union of India & Ors vs. Vasavi Co-op. Housing Society, [AIR 2014 SC
937 = (2014) 2 SCC 269
2. Samar Kumar Roy (died) through LR (Mother) v. Jherna Bera, [AIR
2018 SC 334]
3. Panakanti Muthyam Rao @ Venkata Muthyam Rao v. State of
Telangana, rep. by its Principal Secretary, Revenue Department,
Hyderabad and others, [2019 (3) ALT 343 (TS)]

- The party who is not the party of the suit can he be come under the
ambit of Section 35 of Special relief Act, 1963.
4. Ram Lal Mookerjee v. The Secretary of State for India in Council
and Ors (Privy Council) - 01-03-1881