Report No. 90

4.14. Section 34, Specific Relief Act, 1963.-

In this connection reference may be made1 to section 34, Specific Relief Act, relating to declaratory relief to be granted by court. It reads as under:-

"32. Any person entitled to any legal character, or to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief:

Provided that no court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do So.

Explanation.-A trustee of property is a person interested to deny a title adverse to the title of some one who is not in existence, and for whom if in existence, he would be a trustee."

1. Section 34.