Specific Relief Act — Maintainability of Suit for Possession Without Seeking Declaration of Title Headnote: A regular suit for recovery of possession based on title is fully maintainable without a specific prayer for a declaration of title, provided the plaintiff possesses clear documentary title and there is no serious cloud over it. A "cloud on title" is raised only when a prima facie right or apparent defect is established by the opposing party; a bare, unproven denial of the plaintiff's title by a trespasser or an interloper does not necessitate a declaratory relief. Relevant Paragraphs: [12], [13]

advocatemmmohan

apex court held that 

 Specific Relief Act — Maintainability of Suit for Possession Without Seeking Declaration of Title

Headnote: A regular suit for recovery of possession based on title is fully maintainable without a specific prayer for a declaration of title, provided the plaintiff possesses clear documentary title and there is no serious cloud over it. A "cloud on title" is raised only when a prima facie right or apparent defect is established by the opposing party; a bare, unproven denial of the plaintiff's title by a trespasser or an interloper does not necessitate a declaratory relief.

• Relevant Paragraphs: [12], [13]