In Brief
Gopalakrishnan, husband of Saroja, claimed ownership of property under a 1947 Settlement Deed. In 1993, he sued for declaration of title, though Pavanuammal (widow of a co-heir) held a life interest and was in possession. The High Court allowed his suit, finding a vested remainder in Saroja inheritable by Gopalakrishnan. The Supreme Court reversed, holding the suit barred on two grounds: (1) limitation—the 12-year period for a reversioner runs from the life estate holder's death (2004), making the 1993 suit premature; and (2) maintainability—Section 34 of the Specific Relief Act bars declaration alone when the plaintiff can seek possession but omits to do so. Failure to amend the plaint after 2004 to claim possession made the suit not maintainable.
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