DEOKUER & ANR. vs SHEOPRASAD SINGH AND ORS.

The Supreme Court ruled that in a suit for declaration of title to property attached under Section 145 of the Criminal Procedure Code, it is not mandatory to seek the consequential relief of possession as per Section 42 of the Specific Relief Act. The Court clarified that the possession held by the Magistrate does not necessitate a claim for possession in the suit, as the property is in custodia legis. The High Court's decision to set aside the trial court's decree was overturned, affirming the appellants' right to seek declaration without possession.