Specific Relief Act, 1963
34. Discretion of court as to declaration of status or
right
Any person entitled to any legal character, or to any right as
to any property, may institute a suit against any person denying, or interested
to deny, his title to such character or right, and the court may in its
discretion make therein a declaration that he is so entitled, and the plaintiff
need not in such suit ask for any further relief:
PROVIDED that no court shall make any such declaration
where the plaintiff, being able to seek further relief than a mere declaration
of title, omits to do so.
Explanation: A trustee of property is a "person
interested to deny "a title adverse to the title of someone who is not in
existence, and for whom, if in existence, he would be a trustee.