WHERE THERE IS A CLOUD ON TITLE OF A CLAIMANT TO A PROPERTY HE HAS TO SEEK DECLARATION

Anathula Sudhakar v. P. Buchi Reddy (Dead) by LRs and Ors 2008 (4) SCC 594 is an authority on the point that where there is a cloud on the title of a claimant as to property, he has to seek declaration: "12..........................a prayer for declaration will be necessary only if the denial of title by the defendant or challenge to plaintiff's title raises a cloud on the title of plaintiff to the property. A cloud is said to raise over a person's title, when some apparent defect in his title to a property, or when some prima facie right of a third party over it, is made out or shown. An action for declaration, is the remedy to remove the cloud on the title to the property. On the other hand, where the plaintiff has clear title supported by documents, if a trespasser without any claim to title or an interloper without any apparent title, merely denies the plaintiff's title, it does not amount to raising a cloud over the title of the plaintiff and it will not be necessary for the plaintiff to sue for declaration and a suit for injunction may be sufficient....................."

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