A's brother B takes possession of ancestral property and denies A's title. A is able to claim recovery…
The proviso to section 34 bars a declaration where the plaintiff is able to seek further relief and omits it. On these facts, A can ask for recovery of possession.
Choose your answer
A's brother B takes possession of ancestral property and denies A's title. A is able to claim recovery of possession. Under section 34 of the Specific Relief Act, 1963, what must A seek when suing for a declaration of title?
Answer and explanation
Correct answer D
The proviso to section 34 bars a declaration where the plaintiff is able to seek further relief and omits it. On these facts, A can ask for recovery of possession.
Option feedback
Option A
The proviso to section 34 bars a bare declaration when A can claim further relief but omits it.
Option B
Compensation alone does not supply the available recovery of possession in this dispute.
Option C
The proviso restricts granting the declaration. It does not transfer the dispute outside the civil court's jurisdiction.
Option D
A can seek recovery of possession and must include that consequential relief when seeking the declaration.
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