Specific Relief Act Section 34 — Discretion of court as to declaration of status or right

CHAPTER VI DECLARATORY DECREES

General

Summary

A person who has a legal status or a right over property can go to court if someone denies that status or right, or has an interest in denying it. The court has the choice, or discretion, to formally declare that the person holds that status or right, and the person does not have to ask for anything else in the same lawsuit. However, the court will not make such a declaration if the person could have asked for more than just the declaration but chose not to. The explanation clarifies that a property trustee counts as someone “interested to deny” a title that goes against the title of a person who does not yet exist, and for whom the trustee would act if that person did exist.

Official Text

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 some one who is not inexistence, and for whom, if in existence, he would be a trustee.