Section 34: Discretion of court as to declaration of status or right

Questions on this section

3 questions in 12 of our papers cite Section 34. Try these from the free papers:

1. 1. Consider the following statements with reference to Section 34 of the Specific Relief Act, 1963: 1. A person entitled to any legal character, or to any right as to any property, may sue any person denying, or interested to deny, his title to such character or right. 2. Subject to the proviso, the plaintiff in such a suit need not ask for any further relief. 3. The court may, in its discretion, make a declaration that the plaintiff is so entitled. Which of the statements given above is/are correct?

   A.1, 2 and 3B.1 onlyC.1 and 2 onlyD.2 and 3 only
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2. 2. Under the proviso to Section 34 of the Specific Relief Act, 1963, no court shall make a declaration of title where the plaintiff:

   A.files the suit more than one year after his title was first denied by anotherB.seeks a declaration of legal character rather than of a right to propertyC.being able to seek further relief than a mere declaration, omits to do soD.has not served a prior notice on the defendant who denies his title to it
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