A suit is filed by lsquo X rsquo against lsquo Y rsquo for the declaration of title albeit a propert...........

Specific Relief Act (SRA) 1963 Declaratory Decrees

A suit is filed by ‘X’ against ‘Y’ for the declaration of title albeit a property, and subsequently ‘X’ obtains a decree in his favour as against ‘Y’, thereafter ‘X’ sells that property to ‘Z’. Later on, son of ‘Y’, namely ‘YS’, files a suit for declaration of tile albeit the property against ‘Z’, will the suit for declaration of title albeit the property filed by ‘YS’ against ‘Z’ be maintainable?

No; because ‘Z’ is deriving his title from ‘X’ and ‘YS’ is a legal heir of ‘Y’; dispute qua the declaration of title albeit the property has already settled between ‘X’ and ‘Y’ in the earlier suit. ‘YS’ cannot claim a declaratory decree against ‘Z’.

Yes, the suit will be maintainable against Z

No, there is no present entitlement

Yes, the suit will be maintainable as there is present entitlement

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Explanation:

Section 34 - b. A suit is filed by ‘X’ against ‘Y’ for the declaration of title albeit a property, and subsequently ‘X’ obtains a decree in his favour as against ‘Y’, thereafter ‘X’ sells that property to ‘Z’. Later on, son of ‘Y’, namely ‘YS’, files a suit for declaration of title albeit the property against ‘Z’, will the suit for declaration of title albeit the property filed by ‘YS’ against ‘Z’ be maintainable?
No; because ‘Z’ is deriving his title from ‘X’ and ‘YS’ is a legal heir of ‘Y’; dispute qua the declaration of title albeit the property has already settled between ‘X’ and ‘Y’ in the earlier suit. ‘YS’ cannot claim a declaratory decree against ‘Z’.