A is lawfully in possession of certain land. The inhabitatns of neighbouring village claims a right of way across the land ?
Correct answer: A. A may sue for a declaration that they are not entitled to right so claimed
- A. A may sue for a declaration that they are not entitled to right so claimed
- B. The villagers may sue for declaration their right of way
- C. Any stranger person can sue for declaration
- D. Non of These
Explanation
A person in lawful possession may seek a declaration denying an alleged easement or right of way over the land. The illustration to section 42 recognizes this defensive declaratory remedy.
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Civil law governs disputes involving private rights, including contracts, property, family relations, torts and compensation. The subject explains breach of duty, civil liability, damages, specific relief, injunctions and other remedies, while distinguishing private claims between individuals from criminal proceedings brought to punish offences against the state.
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