Suits for Declaration and Possession

Suits for Declaration and Possession in Bangladesh

In the evolving property rights landscape of Bangladesh, disputes over ownership and possession of immovable properties are not uncommon. A significant category of civil litigation involves claims for declaration of title and recovery of possession. These arise when a rightful owner is wrongfully dispossessed or when a third party creates a cloud on title, often through forged documents or fraudulent assertions.

This article by TRW Law Firm, a leading full-service litigation chamber in Bangladesh, explores the legal framework governing such suits, elaborates on practical litigation strategies, and unpacks a real-world case of Azizul Hakim vs. Ziaul Ahsan, a suit for declaration and recovery of possession filed before the 5th Joint District Judge, Dhaka.

Legal Basis of Suits for Declaration and Possession

The suit for declaration and recovery of possession is principally governed by:

• The Specific Relief Act, 1877
• The Code of Civil Procedure, 1908
• The Registration Act, 1908
• The Evidence Act, 1872
• The Transfer of Property Act, 1882

📘 Section 42 of the Specific Relief Act, 1877

Provides the foundation for declaratory relief. It states that any person entitled to any legal character, or to any right as to property, may institute a suit against any person denying or interested in denying his title.

📘 Order VII Rule 7 & Order XX of the Code of Civil Procedure, 1908

Guides the framing of plaints and the nature of reliefs to be claimed and granted.

📘 Section 31 of the Specific Relief Act

Allows cancellation of fraudulent documents.

Core Elements of a Suit for Declaration & Possession

To succeed in such a suit, the plaintiff must establish:

1. Lawful title to the property
2. Wrongful denial or cloud cast on such title
3. Actual dispossession or threat of dispossession
4. Absence of legal remedy other than a civil suit

Case Study: Azizul Hakim vs. Ziaul Ahsan

🏛️ Court

5th Joint District Judge, Dhaka
Suit No.: Title Suit of 2016

👤 Plaintiff

Azizul Hakim
Son of Late Abdul Hakim,
Dhanmondi, Dhaka

👤 Principal Defendant

Ziaul Ahsan
Son of Moinul Ahsan, Azimpur, Dhaka

🏢 Proforma Defendant

Sub-Registrar, Mohammadpur Sub-Registry Office

🧾 Nature of Suit

Suit for Declaration and Recovery of Khas Possession
Valued at Tk. 95,00,000

🔍 Background Facts

1. The suit land originally belonged to Narendranath Majumdar, whose name appeared in the C.S. Khatian.
2. Ownership passed to Khagendra Majumdar, who sold it to Abdul Hakim (Plaintiff’s father) via registered sale deed dated 23 October 1959.
3. The title of Abdul Hakim was duly recorded in S.A. and R.S. records, and rent was regularly paid.
4. Abdul Hakim passed away in 2001, and his wife in 2002, leaving Azizul Hakim as sole heir.
5. Mutation and utility transfers were successfully completed in Azizul’s name.

Breach of Trust and Fraudulent Claim

• In December 2002, Azizul Hakim appointed Defendant No. 1, Ziaul Ahsan, as caretaker due to personal ties.
• In 2005, Azizul left for New Zealand, entrusting Ziaul with original documents.
• An arrangement was made to pay Tk. 10,000/month as caretaker salary.
• In 2016, upon return to Bangladesh, Azizul discovered that:
  • Ziaul claimed ownership via a forged sale deed dated 29 December 2000.
  • A signboard was erected declaring Ziaul as the owner.
  • Azizul was denied access to the property.

Grounds for the Suit

1. The deed dated 29.12.2000 is forged and fraudulent.
2. The plaintiff’s title is under a cloud due to the existence of the said deed.
3. The plaintiff was in peaceful possession until 2016, when he was forcibly dispossessed.
4. The cause of action arose within jurisdiction of the court on 21 January 2016.

Prayer for Reliefs

The Plaintiff prayed for:

• Declaration that he is 16 annas (full) owner of the suit property.
• Declaration that Deed No. 32154 is void and not binding.
• Recovery of khas possession by removal of the Defendant.
• Costs and any other equitable relief.

Key Legal Doctrines Involved

🧩 Doctrine of Cloud on Title

If a plaintiff’s title is questioned by a fraudulent document, courts may remove the cloud by issuing a declaratory decree.

🧩 Doctrine of Trust and Fiduciary Duty

By law, a caretaker (fiduciary) entrusted with documents and possession cannot claim ownership adversely.

🧩 Possession Follows Title (Sec 110 of Evidence Act)

If the title is proved and no lawful transfer exists, possession is presumed to follow title.

Burden of Proof

Under Section 101-103 of the Evidence Act, the burden lies on the plaintiff to prove title, after which it shifts to the defendant to prove legitimacy of the alleged sale.

In this case:

• Plaintiff provided registered deed of 1959, mutation, rent receipts, utility bills.
• Defendant’s deed allegedly dated 2000 lacks authenticity, and the plaintiff never knew of it till 2016.

Reliefs That Can Be Granted

In a suit of this nature, the court may grant:

• Declaration of title and nullity of the forged deed
• Recovery of possession through court officer
• Injunction to restrain defendant from further claims
• Costs and damages, if malice is proven

Procedural Considerations

✅ Valuation and Court Fees

As per Court Fees Act, the suit must be valued based on the property’s market value. The plaintiff paid ad valorem fees for Tk. 95,00,000.

✅ Verification & Schedule of Property

A complete and precise schedule of land must be appended, including Khatian, Plot, Area, and Boundary descriptions.

Precedents and Supporting Judgments

• Md. Nurul Islam vs. Khorshed Alam – Where a registered deed was found to be forged, the High Court upheld cancellation and possession recovery.
• Jamila Khatun vs. Bangladesh – Reiterated the principle that mutation and possession supported by registered title validates ownership claims.
• Jalal Uddin vs. State – A false deed of title does not confer any legal ownership; fraud unravels all.

Steps TRW Law Firm Takes in Such Cases

At TRW Law Firm, we take a comprehensive litigation approach:

1. Title Verification and Documentary Audit
2. Filing Civil Suit under CPC and Specific Relief Act
3. Petition for Injunction (Order 39 Rules 1 & 2 CPC)
4. Cross-examination of Deed Writers, Witnesses
5. Verification of Deed Registers at Sub-Registry Office
6. Use of Forensic Handwriting and Signature Reports
7. Execution of Possession Decree under Order XXI CPC

TRW Law Firm’s Success Strategy

• We establish undisputed documentary evidence.
• We attack the forged deed on grounds of lack of consideration, undue influence, and fraud.
• We press for a mandatory injunction for restoration of possession.
• If needed, we invoke criminal proceedings under Sections 468/471/420 of Penal Code for forging public records.

Conclusion

Disputes over land and property are among the most contested areas of civil law in Bangladesh. When someone is dispossessed through deception or forgery, the law provides robust remedies through declaration and recovery suits. However, success depends on prompt legal action, documentary strength, and expert litigation strategy.

At TRW Law Firm, we specialize in handling high-stakes property litigation, safeguarding rightful ownership and restoring possession to those who are wrongfully dispossessed.

If you or someone you know is facing similar issues, contact us today for a confidential consultation.

Table: Overview of Declaration and Recovery of Possession Lawsuit

Contact TRW Law Firm

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Let us defend your rightful ownership—TRW Law Firm is here to protect what is lawfully yours.