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What kind of entitlement may be declared under section 34 of the Specific Relief Act, 1963?

Question and options

What kind of entitlement may be declared under section 34 of the Specific Relief Act, 1963?

  1. Any interest the plaintiff asks the court to recognize

  2. A legal character only

  3. A right as to property only

  4. A legal character or a right as to property

Answer and explanation

Correct answer: D - A legal character or a right as to property

Section 34 allows a discretionary declaration of entitlement to a legal character or a right as to property against a person denying or interested to deny that entitlement. The court cannot grant a bare declaration if the plaintiff can seek further relief and omits to do so.

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