Decree for declaration

Since the defendants had not claimed possession from the plaintiffs, hence the question of improvements by the plaintiffs in the suit land was irrelevant and if the defendants claimed possession of the land from the plaintiffs then the plaintiffs could claim improvement but merely on the basis of improvements, the plaintiffs could not be declared as the owners of the suit land, hence a decree for declaration could not be passed in their favour

No misreading and non-reading of evidence or violation of any settled law had been noticed in the impugned judgments passed by both the Courts below

Second appeal filed by plaintiffs, being merit-less, was dismissed, in circumstance.

Only a pre-existing right could be declared through a decree for declaration and a new right could not be created.