Law:

Section:

(a) Specific Relief Act (I of 1877), S. 42 Declaratory relief-¬Can be prayed for against any person interested to deny plaint¬iff's title Declaratory relief in respect of fraudulent kabala executed by plaintiff's vendor in favour of third person in respect of same property. The scope of section 42 of the Specific Relief Act, 1877 is very wide, and a person can pray for a declaration against any person who is interested to deny the plaintiff's title. The relief claimed under section 42 of the Specific Relief Act is no doubt discretionary but the real test for its application is whether there is any impending danger or whether the plaintiff really appre¬hends that an interested person may deny the plaintiff's title. Where the defendant obtained a fraudulent kabala from the plaintiff's vendor in respect of the same lands, the plaintiff can institute a suit under section 42 of the Specific Relief Act, 1877 for a declaration that the kabalas executed in favour of the defendant were void and not binding on the plain¬tiff. Jeka Dula v. Bai Jivi and others A I R 1938 Bom. 37 distinguished. Kundan Lal and others v. HukamSingh and others A I R 1952 Pun.115 and Bhagat Singh v. Mathra AIR 1926 Lah.275ref. (b) Specific Relief Act (I of 1877), S. 42 Declaratory suit in respect of void deed Not necessary to pray also for setting aside of deed. In a declaratory suit under section 42 of the Specific Relief Act, 1877, in respect of a document when the document itself is a void document, it is not necessary for the plaintiffs to pray for setting aside of the document. It is enough for the plaintiff to pray for a declaration that the document is void and not binding on him. THIS JUDGMENT DELIVERED BY: CHAKRABORTI, J. The defendant is the appellant and the appeal arises out of a suit for declaration that the kabalas executed by minor defendant No. 6, Kalipada Datta, in favour of defendants Nos. 1 and 2 to 4, dated 27 2 52, are void and not binding on the plaintiffs. 2. The disputed land originally belonged to one Bhawani¬charan Datta who died leaving a widow Kumudini, pro forma defendant No. 5, and a minor son Kalipada Datta, pro forma defendant No. 6, plaintiffs Nos. 1 and 2 by…

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