Hussain Ahmed Choudhary & Ors. vs. Habibur Rahman th. LR’s. & Ors. (SC)

Declaration, Possession & Mandatory Injunction–Decree of–Set aside in second appeal with the observation that the plaintiff would not be entitled for obtaining a decree of declaration in absence of challenge to the subsequent sale deed–Justification–All the three Courts had held that the gift deed was validly executed in favour of plaintff–Plaintiff was not executant of sale deed dated 05.05.1997 and, therefore, he was not obliged to sue for its cancellation u/s. 31 of Specific Relief Act–Respondents have also chosen not to challenge the gift deed executed in favour of plaintiff–Decree passed by the Trial Court deserves to be restored.