Supreme Court on When to File a Suit for Declaration

What is a suit for declaration? Section 34 of the Specific Relief Act and salient features of a suit for declaration. Supreme Court judgments on when to file a suit for declaration…

1. What is a suit for declaration?

A suit for declaration is a legal action filed in a court by an individual or entity seeking a declaration of their legal rights, status, or title over a particular issue or matter. The objective of such a suit is to establish or clarify the legal position of the plaintiff in relation to a specific matter when there is a dispute or uncertainty regarding the rights, title, or ownership. In simpler terms, the plaintiff seeks the court’s formal recognition of their rights or status.

Provision for Declaratory Decrees comes under Chapter VI of the Specific Relief Act 1963. Section 34 of the said Act provides for Discretion of Court as to Declaration of Status or Right.

2. Section 34 of the Specific Relief Act, 1963

Section 34 of the Act is the law which governs declaratory reliefs in India. The said Section reads:

Section 34 in The Specific Relief Act, 1963

34. Discretion of court as to declaration of status or right.—
Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief:

Provided that no court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.

Explanation.— A trustee of property is a “person interested to deny” a title adverse to the title of some one who is not in existence, and whom, if in existence, he would be a trustee.

According to Section 34 of the Specific Relief Act, 1963, a suit for declaration can be filed when there is a question of a legal right or status, and the plaintiff seeks a judicial declaration about their rights. The court will then make a declaration on the legal issue presented in the suit.

A declaration is a formal statement made by the court that determines a person’s legal rights or the legal status of a particular situation. A suit for declaration is primarily used when there is no need for immediate action, like seeking possession of property or injunctive relief, but rather when one needs the court to officially recognize and declare their legal standing or rights in a certain matter.

3. Salient Features of a Suit for Declaration

3.1 Purpose

The main purpose of filing a suit for declaration is to obtain a judicial pronouncement of a party’s legal right, status, or title over a disputed issue. The court declares whether a certain legal right exists or not.

3.2 No Immediate Relief

A suit for declaration does not typically seek immediate or direct relief like possession or monetary damages. Instead, it seeks a clear declaration from the court about the party’s legal standing or entitlement to a certain right or status.

3.3 Examples of When to File a Suit for Declaration

Property Disputes: A person may file a suit for declaration to affirm that they are the rightful owner of a piece of land or property, especially when another party is claiming ownership. For instance, if two parties are in a dispute over the ownership of a piece of land, one party may file a suit for declaration to establish that they are the rightful owner of the property. In fact, a transfer of property issue may involve a suit for declaration depending upon the facts and circumstances of the case, especially when there are 2 or more parties laying a claim on the same property.

Validity of Documents: If someone wishes to challenge the validity of a will (inheritance issues), sale deed, contract, or other document, they may file a suit for declaration to have the document declared valid or invalid. For instance, a person may file a suit for declaration to establish their entitlement to a share in the property of a deceased relative. Another instance could be, if a person believes a will is forged or invalid, they may file a suit for declaration to have the will declared void. These are examples of inheritance related issues. Similarly, if someone is claiming that a document is invalid, they may file a suit for declaration to have the document declared as null and void.

Rectification of Records: A person may seek to correct or modify an official record by filing a suit for declaration so as to reflect the correct legal position. For instance, if someone’s name is wrongly recorded in government records or land records or any property document, they may file a suit for declaration to correct the record.

Declaratory Relief: A suit for declaration can also be filed when a person seeks to clarify their legal position. For example, if someone is uncertain about their entitlement to property or benefits under a Will, they may file a suit for declaration to seek judicial clarification.

3.4 Legal Framework

A suit for declaration is typically filed under Section 34 of the Civil Procedure Code (CPC), 1908. The section states that a declaratory decree can be passed where a person seeks to determine the existence or non-existence of any right, title, or interest in property.

3.5 Declaratory Relief

The relief granted in a suit for declaration is generally a formal declaration of the rights of the plaintiff, which can then be enforced through other legal actions such as a suit for possession, injunction, or specific performance, if necessary.

3.6 No Need for a Positive Act

In most cases, a declaratory suit does not require the defendant to perform any act. Instead, it only seeks the court’s declaration of the rights of the plaintiff.

4. Court’s Role

The role of the court in a suit for declaration is to provide a judicial statement or declaration regarding the legal rights of the parties involved. The declaration made by the court is not an order for the defendant to perform any act (such as handing over possession), but it is a legal pronouncement that helps clarify the legal position of the plaintiff in relation to the matter.

5. Requisites for Declaratory Relief under Section 34 of Specific Relief Act, 1963

The requirements for obtaining declaratory relief under Section 34 are as follows:

5.1 Existence of a Legal Right or Status

The plaintiff must claim the existence of a legal right, status, or relationship, which needs to be declared by the court. The relief is not granted to establish a new right but to recognize the existing right or status.

5.2 Clear and Disputable Legal Issue

There must be a clear dispute or doubt regarding the existence of the right or status. The declaratory relief is meant to resolve that dispute by affirming or rejecting the existence of the right.

5.3 No Adequate Remedy

A party must show that it has no other adequate remedy available. If the issue can be adequately addressed by other remedies (such as damages, injunctions, or specific performance), a declaratory judgment may not be granted. The purpose is to clarify the legal position when a direct remedy (like damages) is not possible or sufficient.

5.4 No Pending Action or Suit on the Same Matter

The relief under Section 34 is not available if there is already an action or suit pending before a court that seeks to resolve the same legal issue. However, the court may entertain a declaratory suit if the existing suit does not provide for a clear declaration of rights.

5.5 Suit Must Be in Conformity with Other Legal Requirements

The suit must be filed according to the limitation period specified for the type of claim being made. The suit should fulfill all other formal requirements of civil procedure, such as being filed in the proper court with correct parties and causes of action.

5.6 Court’s Discretion

The court has discretion in granting a declaratory relief under Section 34.
The relief is not automatic, and the court may decide that it is not appropriate to issue a declaration if it is not satisfied that the legal issue should be resolved through such a process.

5.7 No Need for Consequential Relief

While Section 34 allows for a declaration, it does not require the claimant to seek further consequential relief (such as compensation or injunctions) in the same suit. If necessary, a suit for consequential relief (like injunction or damages) can be filed separately.

6. Supreme Court Judgments: When to File a Suit for Declaration

Supreme Court of India in Annathula Sudhakar Vs. P. Buchi Reddy, 594 (2008) 4 SCC stipulated following guidelines to be followed by courts while deciding on the issue of suit for declaration-

(a) Where a cloud is raised over plaintiff's title and he does not have possession, a suit for declaration and possession, with or without a consequential injunction, is the remedy. Where the plaintiff's title is not in dispute or under a cloud, but he is out of possession, he has to sue for possession with a consequential injunction. Where there is merely an interference with plaintiffs lawful possession or threat of dispossession, it is sufficient to sue for an injunction simpliciter.

(b) As a suit for injunction simpliciter is concerned only with possession, normally the issue of title will not be directly and substantially in issue. The prayer for injunction will be decided with reference to the finding on possession. But in cases where de jure possession has to be established on the basis of title to the property, as in the case of vacant sites, the issue of title may directly and substantially arise for consideration, as without a finding thereon, it will not be possible to decide the issue of possession.

(c) But a finding on title cannot be recorded in a suit for injunction, unless there are necessary pleadings and appropriate issue regarding title (either specific, or implied). Where the averments regarding title are absent in a plaint and where there is no issue relating to title, the Court will not investigate or examine or render a finding on a question of title, in a suit for injunction. Even where there are necessary pleadings and issue, if the matter Involves complicated questions of fact and law relating to title, the Court will relegate the parties to the remedy by way of comprehensive suit for declaration of title, instead of deciding the issue in a suit for mere injunction.

(d) Where there are necessary pleadings regarding title, and appropriate issue relating to title on which parties lead evidence, if the matter involved is simple and straight forward, the court may decide upon the issue regarding title, even in a suit for injunction. But such cases, are the exception to the normal rule that question of title will not be decided in suits for injunction. But persons having clear title and possession suing for injunction, should not be driven to the costlier and more cumbersome remedy of a suit for declaration, merely because some meddler vexatiously or wrongfully makes a claim or tries to encroach upon his property. The Court should use its discretion carefully to identify cases where it will enquire into title and cases where it will refer to plaintiff to a more comprehensive declaratory suit, depending upon the facts of the case.

7. Conclusion

To obtain declaratory relief under Section 34 of the Specific Relief Act, 1963, the claimant must demonstrate a legal right or status in dispute, the absence of an adequate alternative remedy, and ensure compliance with procedural and limitation requirements. The relief is at the discretion of the court and must be based on resolving a substantial legal issue, not merely for clarification or academic purposes. Moreover, declaration is an equitable remedy, and therefore Courts have the discretion to grant or not to grant a declaratory relief depending upon the circumstances of the case.

It would be apt to conclude with an extract from the following judgment-

In order to obtain relief of this kind, the plaintiff must establish that-

(i) the plaintiff is at the time of the suit entitled to any legal character or anv right to any property;

(ii) the defendant has denied or is interested in denying the character or the title of the plaintiff;

(iii) the declaration asked for is a declaration that the plaintiff is entitled to a legal character or to a right to property, and

(iv) the plaintiff is not in a position to claim a further relief than a bare declaration of his title.

Even if all these conditions are fulfilled, the Court has still a discretion to grant or not to grant a declaratory relief depending on the circumstances of each case.

The State of Madhya Pradesh vs Khan Bahadur H.H.D.H. Bhiwandiwala And Co.
AIR 1971 MP65