A coparcener sells disputed joint family land and puts the buyer in exclusive possession. The other…
The proviso to section 34 bars a bare declaration where the plaintiffs can seek further relief but omit it. Here the plaintiffs can seek possession. Joining an additional…
Choose your answer
A coparcener sells disputed joint family land and puts the buyer in exclusive possession. The other coparceners are out of possession and can seek recovery if they establish title. They ask the court for a declaration of title alone. What does section 34 of the Specific Relief Act, 1963, require?
Answer and explanation
Correct answer C
The proviso to section 34 bars a bare declaration where the plaintiffs can seek further relief but omit it. Here the plaintiffs can seek possession. Joining an additional party does not cure omission of that relief.
Option feedback
Option A
Proving title does not remove the statutory bar when further relief is available but omitted.
Option B
Joining the seller does not supply the omitted prayer for possession.
Option C
Recovery of possession is the consequential relief the plaintiffs can seek in these facts.
Option D
The proviso concerns the plaintiffs’ obligation to seek further relief. It does not automatically award it.
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