A suit is laid for recovery of possession against a trespasser. The relief sought for is for recovery of a portion of the property trespassed upon. The defendant denies title. the relief of declaration is an optional relief available to a person, who feels that there is a cloud on his title and that should be removed. When the cause of action is trespass and the defendant has no better title, is not a suit simpliciter for recovery on title without seeking a declaration maintainable. Several suits are routinely filed, entertained and decreed if title is proved? Shall be glad to have advice and rulings apart from the Supreme Court ruling in 2007
venkitasubramanian adv.
