Clear Title Can Stand Without Cancelling Another's Deed, Says Supreme Court

Introduction

In a significant ruling that clarifies the procedural requirements for declaratory suits, the Supreme Court has held that a plaintiff seeking declaration of title to property is not obligated to pray for cancellation of a sale deed executed by another party. The judgment in Hussain Ahmed Choudhury & Ors. v. Habibur Rahman (Dead) Through LRs & Ors. (Civil Appeal No. 5470 of 2025) highlights important guidance on the scope of Sections 31 and 34 of the Specific Relief Act, 1963.

Case Background

The dispute originated from a registered Gift Deed dated April 26, 1958, executed by Haji Abdul Aziz Choudhury in favour of his grandson, Siraj Uddin Choudhury (the original plaintiff). The gift was made because, under Muslim law, the grandson would not otherwise have been eligible to inherit his grandfather's property as his father had predeceased his grandfather. The plaintiff in this case are the legal heirs of Siraj Uddin Choudhury.