Declaration of rights and the remedy as laid down by specific relief act
1. Introduction:
The declaration is an authoritative pronouncement by the court in respect of a person's right to property or his status. Declaration under specific relief act is a particular type of relief where there is no specific performance, no award of compensation but merely a declaration of rights of the parties.
2. Relevant Provisions:
Sec. 42, 43 specific relief act.
3. Declaration when refused by the court:
In the following cases, the declaration is refused by the court.
I. Vexatious litigation:
In vexatious litigation, the declaration is not given by the court.
II. Evasion of court fee:
In case of evasion of court fee declaration would be refused by the court.
III. Multiplicity of suit:
In case of a multiplicity of suits, the declaration would be refused by the court.
4. Object of declaration:
The object of the declaratory decree is that where a person's status or legal character has been defined he may have a remedy.
5. Discretion of court as to declaration of status or right:
Any person entitled to any legal character, or any right as to any property may institute a suit against any person denying or interested in denying, his title to such character or right, and the court may in its discretion make there in 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 declaration where the plaintiff being able to seek further relief than a mere declaration were the plaintiff being able to seek further relief than a mere declaration of title, omits to do so.
Illustration:
A is lawfully in possession of certain land the inhabitants of a neighboring village claim a right of way across the land. A may sue for a declaration that they are not entitled to the right so claimed.
6. Essentials for declaratory suit:
The following are essentials for declaratory suits.
I. Legal character:
The plaintiff must be entitled to any legal character at the time of suit.
II. Right to property:
The plaintiff must be entitled to a right to property.
III. Denial by the defendant:
The defendant should have denied or was interested in denying the legal character or right to property of the plaintiff.
IV. No other consequential relief:
The plaintiff should not have any other consequential relief.
7. Effect of declaration:
The declaration is binding on the parties to the suit and persons claiming through respectively.
8. Who may sue:
Persons having any legal character or
Persons having any right to any property.
9. When consequential relief is not prayed:
When consequential relief is not prayed by the plaintiff the court can dismiss the suit
10. Against whom suit can lie:
Any person who is denying a right.
Interested to deny his title of such character of right.
11. Nature of declaratory relief:
Declaratory relief is an equitable remedy it cannot be claimed as a matter of right. it is a relief when the legal position is declared in a dispute.
12. Scope:
Any person entitled to any legal character or any right as to any property may institute a suit against any person denying his title or right and the court may in its discretion make there in a declaration that he is so entitled and the plaintiff need not in such suit asks for further relief.
13. Conclusion:
To conclude I can say that the court grants a declaration of rights to ensure and protect the interests of people at large. The court cannot grant a declaration on a question of law. A suit for declaration can be filed by any person who is entitled to any legal character or any property right but where the right of his legal character or property is not involved the suit is not maintainable.