LAW FOR ALL

mere declaration without relief of recovery of possession was clearly not maintainable=The plaintiff, who was not in possession, had in the suit claimed only declaratory relief along with mandatory injunction. Plaintiff being out of possession, the relief of recovery of possession was a further relief which ought to have been claimed by the plaintiff. The suit filed by the plaintiff for a mere declaration without relief of recovery of possession was clearly not maintainable and the trial court has rightly dismissed the suit.=The decree of the High Court is also contradictory. The High Court has affirmed the findings that Defendant No. 1 is the owner of the Survey No. 188/1 and 188/3, whereas, by decreeing the suit for declaration and mandatory injunction the name of Defendant No. 1 is to be removed and replaced by plaintiff which is clearly erroneous and unsustainable. 38. In view of the above, judgment of the High Court cannot be sustained. The High Court committed an error in reversing the judgments of the trial court and the First Appellate Court. In result, the appeal is allowed and the judgment of the High Court is set aside and those of trial court and the First Appellate Court are restored.