DECLARATORY DECREES :
A declaratory decree is a decree whereby any right as to any property or the legal character of a person is judicially ascertained.
Section 34 lays down that 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. The explanation provides that 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.
The object of declaratory decree is to remove doubt by having legal status of any rights declared by the Court, and to perpertuate and strengthen testimony regarding title and protect it from adverse attacks. One of the objects of the legislature was to allow the right to enjoy the property rightfully belonging to the plaintiff. In case of declaratory decree, neither specific performance nor any compensation is awarded but only a declaration of the rights of the parties is made without any consequential relief being granted. The declaration does not confer any new rights upon the plaintiff but it merely declares what he had before. It only clears the mist that has gathered round the plaintiff’s title or status. The Court is being asked to put an end to the dispute and uncertainty by determining the legal character in issue. By that way the property may be put to better use, enjoyment and improvement. To maintain a suit under this Section following conditions must be fulfilled:
(a) the plaintiff must be a person entitled to any legal character or to any right as to any property;
(b) the defendant must be a person denying or interested to deny the plaintiff’s title to such legal character or, right;
(c) the declaration issued for must be a declaration that the plaintiff is entitled to a legal character or to a right to property; and
(d) where the plaintiff is able to seek further relief than a mere declaration he must seek such relief.
Illustration
A is properly in possession of certain lands. The inhabitants of a neighbouring village claim a right of way across the land. A may use for a declaration that they are not entitled to the right so claimed.
The relief by way of declaration is purely discretionary. Instances of legal characters are —
(1) Divorce on the ground of impotency
(2) Legal character by marriage
(3) Legitimacy or illegitimacy
(4) Status of an adopted son
(5) Priest of temple