Section 35 of SRA : Section 35: Effect Of Declaration

Explanation using Example

Imagine Sarah buys a house from Tom, but later she discovers that her neighbor, Bob, claims he has an easement to use part of her new backyard for his driveway. Sarah doesn't believe this easement exists. She goes to court to seek a declaration that no such easement exists over her property. The court agrees and declares that Bob has no easement over Sarah's backyard. According to Section 35 of The Specific Relief Act, 1963, this declaration is legally binding on Sarah, Tom (since he was the seller and a party to the suit), Bob (the neighbor claiming the easement), and anyone else who derives their legal claim through Sarah or Tom. If Tom was acting as a trustee for a trust that owned the house, the declaration would also be binding on the beneficiaries of the trust, had they existed at the time of the declaration.