Introduction 

The declaratory decree is a means to provide relief to someone who is being denied rights or titles to which he/she is entitled. The Specific Relief Act, 1963 (SRA) provides such relief under Sections 34 and 35. 

Section 34 - Discretion of Court as to Declaration of Status or Right 

Any person entitled to any legal character, or to any right as 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 someone who is not in existence, and for whom, if in existence, he would be a trustee. 

Points for Consideration: 

• It is a binding declaration under which the court declares some existing rights in favour of the plaintiff and declaratory decree exists only when the plaintiff is denied his right which he is entitled to.  
• This provision encourages the plaintiff to come forward to enjoy the rights to which they are entitled and if any defendant denies providing any rights for which the plaintiff is entitled, then it gives them the power to file the suit and get special relief. 

Requirements Relief of Declaratory Decree 

• The Plaintiff has to prove that the defendant has denied or is interested in denying the character or title of the Plaintiff and the Plaintiff has to establish that there must be some present danger to his interest.   
• In the State of M.P. v. Khan Bahadur Bhiwandiwala and Co. (1971) the court observed that to obtain the relief of declaration the plaintiff must establish that -  
  • He at the time of the suit is entitled to any legal character or any right to any property.  
  • The defendant had denied or was interested in denying the character or the title of the plaintiff.  
  • The declaration asked for was a declaration under which the plaintiff was entitled to legal character or to a right to property.  
  • The plaintiff was not in a position to claim further relief than a bare declaration of his title. Since declaration is an equitable remedy, the court still has discretion to grant or refuse relief depending on the circumstances of each case. 

Legal Character under Declaratory Decree  

• Legal character denotes character recognized by law.  
• It is attached to an individual’s legal status which shows one’s capacity for the title or character. 
• In the case of Hiralal v. Gulab (1953), it was observed that a variety of status among the natural person, can be referred under declaration e.g., sex, minority, rank, caste, tribe, profession, etc. 

Person Entitled to a Right to Any Property 

• The courts have made a distinction between "right to property" and "a right in property”. 
• It has been held that to claim a declaration the Plaintiff need not show a right in property. 
• In the case of Tarak Chandra Das v. Anukul Chandra Mukherjee (1946), the court held that a declaration might be sought regarding a contingent right, it was further said that the Court had absolute discretion to refuse relief if considered the claim to be too remote or the declaration, if given, would be ineffective. 

Frame of Plaint 

• The plaint filed under Section 34 of the SRA must disclose: 
  • The title or the right claimed by the plaintiff. 
  • The circumstances under which the doubt arose over the right claimed. 
  • The prayer (A specific request for judgment, relief and/or damages at the conclusion of a complaint or petition). 
• The right to any property mentioned under Section 34 of SRA must be a right that existed at the date of the suit even if the enjoyment of such right is deferred e.g. Right of a Reversioner. 

When Suit for Declaration Does Not Lie  

• A suit for declaration would not lie in all cases, some of which are enumerated as follows: 
  • A negative declaration cannot be allowed (E.g., A declaration that the plaintiff did not infringe the trademark of the defendant). 
  • A suit for a declaration during the testator's lifetime that the will is invalid. 
  • No suit for declaration lies to set aside a succession certificate granted under Act XXVII of 1860 (This act is replaced by the present-day legislation – The Indian Succession Act, 1925). 
  • No one can ask for a declaration of a nonexistent right as in the case of succession. 

Limitation Period 

• The Articles that govern the Limitation Period for the suit under Section 34 of SRA are Articles 56, 57, 58 of the Limitation Act, 1963. 
  • Article 56: To declare the forgery of an instrument issued or registered - Three years.  
  • Article 57: To obtain a declaration that an alleged adoption is invalid, or never, in fact, took place - Three years.  
  • Article 58: To obtain any other declaration - Three years. 

Section 35 - Effect of Declaration  

A declaration made under this Chapter is binding only on the parties to the suit, persons claiming through them respectively, and, where any of the parties are trustees, on the persons for whom, if in existence at the date of the declaration, such parties would be trustees.  

• The present provision lays down that the declaration made under Section 34 is binding on: 
  • The parties to the suit. 
  • Persons claiming through them. 
  • Trustees, where any of the parties are trustees, on the persons for whom, if in existence at the date of the declaration, such parties would be trustees. 

Conclusion 

A declaratory decree is a decree that makes the declaration of a right that is doubtful, or which needs clarification. The object of such a decree is to prevent future litigation by removing the existing causes of controversy.