Suit for Declaration: Section 34 Specific Relief Act, Limitation and Court Fee

A suit for declaration asks the civil court to declare a party's legal character or right, for example that the plaintiff is the owner of a property, that a sale deed is void, or that a dismissal from service is illegal. The main provision is Section 34 of the Specific Relief Act, 1963.

Section 34: what can be declared

A person entitled to any legal character, or to any right as to any property, may sue anyone who denies or is interested in denying that character or right. The court may, in its discretion, declare that the plaintiff is so entitled.

The proviso is where many suits fail: the court shall not make a declaration where the plaintiff, being able to seek further relief than a mere declaration, omits to do so. If the plaintiff is out of possession, for example, a bare declaration of title without a prayer for possession is open to objection.

Common combinations are:

• Declaration of title with possession or permanent injunction.
• Declaration that a document is void with cancellation under Section 31.
• Declaration of status, such as legal heir or employee, with consequential relief.

Limitation

• Article 58, Limitation Act, 1963: three years from when the right to sue first accrues, for declarations not covered elsewhere.
• Article 59: three years to cancel or set aside an instrument or decree, or rescind a contract, from when the plaintiff first knew the facts.
• Article 65: twelve years for possession of immovable property based on title, from when the defendant's possession becomes adverse.

Identify the real relief sought; the article that applies depends on it, not on the label of the suit.

Court fee for a declaration suit

Court fee depends on the State, because many States have their own Court Fees Acts (for example Maharashtra, Karnataka and Tamil Nadu), while others follow the Court Fees Act, 1870 with State amendments. Under the 1870 Act's general scheme:

• A suit for a mere declaration without consequential relief generally attracts a fixed fee under Schedule II.
• A suit for a declaration with consequential relief is valued under Section 7(iv)(c), generally on the amount at which the plaintiff values the relief, subject to State rules.
• Where possession or cancellation is also claimed, the fee may be computed on the market value or the value of the property in the instrument.

In Suhrid Singh v. Randhir Singh, (2010) 12 SCC 112, the Supreme Court explained how this works for a sale deed under the 1870 Act:

• An executant who wants the deed annulled must seek cancellation and pays ad valorem fee on the consideration stated in the deed.
• A non-executant in possession who seeks a declaration that the deed is void or not binding pays a fixed fee under Article 17(iii) of Schedule II.
• A non-executant not in possession who also seeks possession pays ad valorem fee under Section 7(iv)(c).

Always check the valuation rules in your State's Court Fees Act and Suits Valuation Act before filing.

Plaint format for a suit for declaration

A skeleton for a declaration of title with consequential relief. Adjust the cause title and verification to your court's rules.

``` IN THE COURT OF THE [CIVIL JUDGE / CITY CIVIL COURT], AT [PLACE]

Original Suit No. ____ of [year]

[Name], [age], [address] ...................... Plaintiff versus [Name], [age], [address] ...................... Defendant

SUIT FOR DECLARATION AND [PERMANENT INJUNCTION / POSSESSION] under Section 34 of the Specific Relief Act, 1963

1. The plaintiff is the owner of [property: survey/plot no., area,

village/ward, boundaries] (the suit property), having acquired it by [sale deed / inheritance / partition] dated [__] (Document 1).

1. Chain of title and revenue entries: [mutation, 7/12 or RoR, tax

receipts, with document numbers].

1. Possession: the plaintiff [is / was until __] in possession.
2. Denial: on [date] the defendant [describe act: executed a sale deed,

obstructed access, claimed title in a notice dated __].

1. Cause of action arose on [date of denial] and continues.
2. Limitation: the suit is within time under Article [58 / 65] of the

Limitation Act, 1963, as [__].

1. Jurisdiction: the suit property is situated within this Court's

territorial jurisdiction, and the suit is valued within its pecuniary jurisdiction.

1. Valuation and court fee: the suit is valued at Rs. [__] for

declaration and Rs. [__] for [injunction / possession], and court fee of Rs. [__] is paid under [Section / Article] of the [State] Court Fees Act.

PRAYER (a) Declare that the plaintiff is the owner of the suit property; (b) [Permanently restrain the defendant from __ / direct the defendant to hand over possession of the suit property]; (c) Costs of the suit and any other relief this Court deems fit.

VERIFICATION [Verification of paragraphs on personal knowledge and on information]

Place: [__] Plaintiff Date: [__] Advocate for Plaintiff List of documents: [title deed, revenue records, tax receipts, notices] ```

Drafting checklist

1. State the right or legal character and how it arose, with documents.
2. Plead the denial by the defendant and the date it occurred, for limitation.
3. Claim every consequential relief that is available, to satisfy the Section 34 proviso.
4. Include a valuation and court fee paragraph citing the State law.
5. Attach title documents, revenue records and correspondence.

Juniorlawyer can produce a first draft of a plaint from your documents and organise title papers with legal document OCR. Read our guide to land revenue records or the written statement under Order 8 CPC.

If an interim injunction is granted or refused in the suit, see appeals under Order 43 CPC and Section 104 CPC.