Section 1. This Act may be called "The Specific Relief Short title. Act, 1877 :"

1. This Act may be called "The Specific Relief Short title. Act, 1877 :" It extends to the whole of British India, except Local extent. the Scheduled Districts as defined in Act No. XIV of `1874` ; And it shall come into force on the first day of commenceMag 1877. meut. 01. DECLARATORY DECREE/" . 42. 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&d 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 aslc for any further Provided that no Court shall make any such declaration where the plaintiff, being able to seek fnrther 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 some one who is not in existence, and for whom, if in existence, he would be a trustee. Illust~~ations. (a). A is lawfully in possession of certain land. The inllabitants of a neighbouring village claim a right of way across the land. A may sue for a declaration that they are not entitled to the right so claimed. `(6).` A I~equeaths his property to B, C and D, 'to be equally divided amongst all and each of them, if living at the time of my death, then amongst their surviving children.' No such childre11 are in existence. I n a suit against A's executor, the Court may declare whether B, C and D took the property absolutely, or only for their lives, and it may also declare the interests of the children before their rights are vested. (c). A covenants that if he should at ally time be entitled to property exceeding one lirkh of rupees, he will settle it upon certain trusts. Before any such property accrues, or any persons entitled under the trusts are ascertained, he institutes a suit to obtain a declaration that the coveusul is void for uncertainty. The Court may make the declaration. (d). A alienates to B property in which A has merely a lireinterest. The alienation is inralid as against C, who is elltitled as rcvcrsioner. The Court may iu a suit by C against A and `l3` declare that C is'so entitled. (e). The ~vidonr of a sonless Hind6 alienates part of the properby of which she is in possession as sncli. 'l'he person presnmptively sumptively elltitled to possess the property if he survive 11er) may, i11 a suit against the alienee, obt,'~in s declarztion that the alienation was made witliout legal necessity and mas therefore void beyond tlie widow's lifetime. ( f ) . A Hiridii widow in possession of property adopts a son to her deceased husband. The person ~resumptively entitled `to` possession of the property on her death without a son may, in a snif against the adopted Eon, obtaiu a doalaratiou that tho adoption was invalid. `(g).` A is iu posscvvion uC uerlaiu. l~ruperly. B, alleging that he is tlic omncr of the property, requires A to dclivcr it to him. A may obtaiu a declaration of his right to hold the property. (4,). A bequeaths property to B for his life, with remainder to D's wife aid her children, if `auy,` by B, but if B die without any wife or children, `to` C. B has a putative wife, D, and children, but C denies that B and `U` were ever lawfully married. D autl her children may, in Ij's life'elirne, indilute a suit against C and obtaia therein a declaration that they are truly the wife and children of B. 43. A declaration made under this chapter is Effect of debinding only on the parties to the suit, persons claim- daratiou. ing through thcni respectively, and, where ally of the parties are trustees, on the pcrsons for whom, if in existence at the date of the declaration, such parties would be trustees. `IZZustration.` A, a Hind6, in a suil lo which B, his alleged wife, and her mother, are defendauts, seeks a declaration that his marriage `was` duly solemuized and an order for the restitution of his conjugal rights. The Court makes the declaration and order. C, claiming that B is his wife, then sues A for the recovery of B. The declarat.io11 made in the former suit is not binding upon C. -