Law: Specific Relief Act (I of 1877)

Section: 8, 42, 54

Law: Civil Procedure Code (V of 1908)

Section: O.XLI, R.31, 115

(a) Specific Relief Act (I of 1877) Ss.8, 42 & 54---Civil Procedure Code (V of 1908), O.XLI, R.31---Suit for possession based on title---Competing title claims over evacuee property---Identity and existence of property---Courts below ordering demarcation of suit property---Scope---Briefly, the respondent instituted a suit for possession, mandatory injunction and permanent injunction regarding suit property asserting allotment of the property by the Settlement Department in 1968 as evacuee property; the applicants contested the suit on the basis of an earlier allotment in 1965 in favour of the father of applicant No. 1 and denied the respondent s title; Trial Court decreed the suit, the appeal thereagainst was dismissed, and the applicants thereafter filed the present civil revision against the concurrent judgments and decrees of the Courts below---Held: Courts below did not exceed their jurisdiction by ordering demarcation of the suit property as this was a necessary and ancillary relief to effectuate the decree for possession---Respondent s claim was primarily supported by valid allotment and transfer documents---Suit filed by respondent was maintainable and the respondent had successfully substantiated his entitlement to the suit property---Present civil revision was dismissed, in circumstances. (b) Specific Relief Act (I of 1877) Ss.8 & 42---Suit for possession on the basis of title---Implicit determination of ownership---Separate declaratory relief not mandatory---In a suit for possession the Court inherently evaluates and acknowledges the plaintiff s title to the property---The relief of declaration in possession suits based on title is an implicit component---Once the Court determines that the plaintiff is entitled to recover possession, a separate declaration is not a mandatory requirement---Consequently, the absence of a specific prayer for the declaration of title does not render the suit unsustainable. (c) Civil Procedure Code (V of 1908) S.115---Revisional jurisdiction of the High Court---Scope---High Court can only interfere if the subordinate court has (i) exercised a jurisdiction not vested in it by law; or (ii) failed to exercise a…