Law:

Section:

(a) Specific Relief Act (I of 1877), Ss. 42 & 56 Declaration and injunction, suits for-Relief s discretionary and equitable-Maxim: he who seeks equity must do equity-Principle equally applicable to declaratory suits. Sections 42 and 56 of the Specific Relief Act deal respectively with suits for declaration and injunction, both being discretionary and equitable relief s. The principle laid down in section 56(j) rests on the maxim that he who seeks equity must do equity and should come with clean hands. Although the relevant provision which embodies this principle apparently appears to have been made only in regard to a suit for injunction, but in a chain of judicial pronouncements the principle has been equally found to be applicable to declaratory suits. Seeni Chattiar v. Santhanathan and others I L R 20 Mad. 58; Besheshar Nath and others v. The Municipal Committee, Moga A I R 1940 Lah. 69; Haji Nur Muhammad v. Ghulam Masih Gill P L D 1965 B J 1; Dr. A. N. M. Mahmood v. Dr. M. O. Ghani, Vice-Chancellor and others P L D 1967 Dacca 71; Seth Narainbhai Ichharanr Kurmi and another v. Nashada Prasad Sheosahai Pande and others A I R 1941 Nag. 357; Mian Muhammad Saeed and another v. The Province of West Pakistan and others P L D 1964 S C 572; Mian Allah Baksh v. Fazal Karim and others P L D 1969 Quetta 14; Raja and others v. Karam Ali and others P L D 1951 Lab. 177; Qadir Bakhsh v. Hakam A I R 1932 Lab. 503; Puvvada Venkata Subbayya v. Attar Sheikh Mastan A I R 1949 Mad. 252; Sundrabai Sitaram and another v. Manohar Dhondu A I R 1933 Born. 262; Sohna v. Allahdad and another P L D 1962 B J 17; Seeni Chettiar v. Santh2nam Chettiar and others (1895) 20 Mad. 58; Bishasher Nath and others v. Municipal Committee, Moga A I R 1940 Lah. 69; S. M. Zahiruddin and others v. Muhammad Ghyasuddin Ahmad and others P L D 1967 Dacca 761 and Aziz-ur-Rahman Chowdhury v. M. Nasir-ud-Din and others P L D 1965 S C 236 ref. (b) Maxim-Nullus commodum capere de injuria sua propria (no man can take advantage of his own wrong)-Both parties by mutual agreement deciding to have recourse to oral transaction to avoid registration expenses-No justification in saying that one party took undue…