104. Declaratory suit. –
Notwithstanding anything to the contrary in section 42 of the Specific Relief Act, 1877, the Gaon Sabha may institute a suit against any person claiming to be entitled to any right in any land for the declaration of the right of such person in such land, and the Court in its discretion may make a declaration of the [(Note: Subs. by s.15 of Delhi Act 16 of 1956, for the words “right f such person, and the Gaon Sabha need not in such suit ask for any further relief.”) right of such persons:]
Provided that no Court shall make any such declaration where the plaintiff , being able to seek further relief than a mere declaration of title, omits to do so.