Gian Kaur vs Raghubir Singh

The Supreme Court held that a suit for declaration under Section 34 of the Specific Relief Act is not maintainable when the plaintiff is in possession of the property, and a suit for possession should be filed instead. The Court found that the Punjab and Haryana High Court correctly reversed the lower court's decision, emphasizing that the maintainability of the suit was a critical issue that was not adequately addressed by the lower courts. Consequently, the appeal was dismissed, affirming the High Court's ruling.