declaration & injunction without possesion

Dear Sandeep,

Ur question is not clear, what declaration u want to claim.  1)If  u want to file a suit for declaration on the basis of the agreement of sale or regd., sale deed then possession is not necessary.

2):If u want to file suit for declaration and injuction against the defendant declare ur tittle and restraining the defendant from obstructing for the peaceful enjoyment of the suit property then injunction is necessary.

I agree with Rajeev.

It is to be considered a Declaration of Right  with out possession and claiming injunction  , is an  admitted that the Plaintiff is not in possession , injunction can be granted against  the  Respondnets /Defendnats - not to alienate the suti property only !

 In a suit for dclaration all the connected  prayers /reliefs must be prayed for i.e;- Declaration and Recovery of possession . if Possession is not  prayed for , in another suit you can not claim the Possession , therefore the Suti for Declaration with out claiming /recovery of possession is not proper and it can not   the serve the purpose !-Recovery of possession shall be included in the Suit  !

can a suit be filed for declaration & injunction be filed without claiming relief of possesion when plaintiff is out of possesion 

The Answer is no

Refer to Judgement of Himachal Pradesh High Court 2000 (1) Civil Court Cases 704