Deivasikamani Bhattar Vs. Subbiah Bhattar and anr. - Court Judgment

Excerpt:

specific relief act (i of 1877), section 42 - plaintiff out of possession--suit for declaration and injunction alone not maintainable. - 1. the plaintiff himself admits that at the date of the suit he was out of possession. the suit for a mere declaration and injunction is, therefore, barred by section 42 of the specific relief act.2. the second appeal is dismissed with costs.