Title Suit in Bangladesh 2026: Declaration, Specific Performance, Money and Summary Suits

Title suit Bangladesh: choosing the right civil suit in 2026

A title suit Bangladesh courts are asked to decide is, at its core, a claim that the court should declare who owns land or another right and then give the relief that makes that declaration useful. In practice the label "title suit" covers a whole family of civil actions: suits for declaration of title under section 42 of the Specific Relief Act 1877, suits for specific performance of a contract to sell, money suits for debts and damages, and summary suits on promissory notes and bills. Each has its own pleading rules, court fee, limitation period and traps.

This guide explains how to choose between them and how to run the one you choose. It covers declaratory decrees and the proviso that requires further relief, cancellation and rectification of instruments, the evidence that proves title to land, specific performance under sections 12 to 30 including section 21A, money suits and interest, Order XXXVII summary suits, ad valorem and fixed court fees, valuation for jurisdiction, the pecuniary limits of each civil court in 2026, and mandatory pre-suit mediation. Where TRW has a detailed guide on a sub-topic, we link to it.

Summary: A title suit asks a civil court to declare a right to property under section 42 of the Specific Relief Act 1877, almost always with further relief such as recovery of possession, an injunction or cancellation of a deed, because a bare declaration is refused where further relief was available. Related suits for specific performance, money and summary recovery follow their own rules on court fees, limitation and forum. The value of the relief claimed fixes both the court fee and which court hears the case.

Key point: Decide what you actually need before you draft. If the defendant is in possession, ask for possession as well as a declaration; if a deed stands in your way, ask for it to be cancelled; if you hold a contract to buy land, check that it is registered and deposit the unpaid price on filing. Each omission can defeat a sound claim on title.

At a glance

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Table of Contents

What a title suit Bangladesh litigants file actually is

"Title suit" is both a filing category and shorthand for any suit about ownership. A suit for declaration of title, a suit for recovery of possession on the strength of title, a partition suit and a suit for specific performance of a sale agreement are all registered and argued as title suits in the district civil courts. What they share is a dispute over a right in property; what separates them is the relief the plaintiff asks for, and that choice drives everything else.

The civil suit family

Four suit types account for most private civil litigation. A declaratory suit asks the court to state the plaintiff's legal character or right. A specific performance suit asks the court to compel a party to carry out a contract, typically to execute a sale deed. A money suit claims a debt, price or damages. A summary suit is a fast-track money claim on a bill of exchange, hundi or promissory note.

Why the choice of relief matters

The relief claimed decides the court fee under section 7 of the Court-fees Act 1870, the value for jurisdiction under the Suits Valuation Act 1887, the limitation article and the evidence the plaintiff must lead.[3] [5] A plaint that asks for too little can be dismissed under the proviso to section 42; one that undervalues the relief can be returned for additional court fee or rejected. The general mechanics of filing are covered in our guide to civil suit filing in Bangladesh; this guide focuses on the substantive choices.

Declaration of title under section 42 of the Specific Relief Act

Section 42 provides that any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to that character or right, and the court may in its discretion declare that he is so entitled. The plaintiff need not ask for any further relief, subject to the proviso discussed below.[1]

Who can sue and against whom

The plaintiff must have a present legal character or right, such as ownership, a tenancy, a share as heir or a status such as marriage or legitimacy. The defendant must be someone who denies the right or is interested in denying it. The statutory illustrations show the breadth of the remedy: a landowner in lawful possession may sue villagers who claim a right of way across the land, and a reversioner may sue to have an invalid alienation by a life-holder declared not binding on him.[1]

Who the declaration binds

Under section 43 a declaration binds only the parties to the suit, persons claiming through them and, where a party is a trustee, the beneficiaries for whom that party would be trustee.[1] The practical lesson is to join every person who claims an adverse interest, including purchasers from the opposing side and co-heirs. A decree against one claimant does not bind a stranger who was never made a party.

The proviso: when a title suit Bangladesh plaintiff must ask for further relief

The proviso to section 42 states that no court shall make a declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.[1] This is the single most common reason declaratory suits fail. The rule prevents multiplicity of litigation: if the plaintiff can obtain possession, an injunction or cancellation in the same suit, the plaintiff must ask for it.

Possession is the usual further relief

Where the plaintiff is out of possession and the defendant holds the land, a suit for declaration alone is generally not maintainable; the plaintiff should pray for declaration of title and recovery of khas possession. Section 8 of the Specific Relief Act allows a person entitled to possession of specific immovable property to recover it in the manner prescribed by the Code of Civil Procedure, while section 9 provides a separate summary remedy for recent dispossession without consent and expressly preserves the right to sue on title.[1] Our guide to recovery of possession in Bangladesh covers sections 8 and 9 and adverse possession in detail.

Injunction where the plaintiff is in possession

A plaintiff who is in possession but faces threats of dispossession usually asks for declaration together with a permanent injunction. Where title is not seriously disputed and the threat is only to possession, an injunction suit alone may be enough. The interplay between the two is explained in our guide to the permanent injunction suit.

The proviso is applied on the facts

The proviso is applied on the facts, not mechanically. In Arju Miah v Rahima Begum, decided on 22 July 2026, the High Court Division accepted that a plaintiff out of possession seeking a bare declaration may be required to seek consequential relief, but held that whether recovery of khas possession was needed depended on the findings about possession, not merely on the defendant's pleading. Because the suit was principally for rectification of a registered deed coupled with declaration, and the evidence did not show the defendants in exclusive adverse possession of the whole plot, the proviso could not be "mechanically invoked to defeat an otherwise proved claim".[14]

The safer course for any title suit Bangladesh plaintiffs bring is still to plead every relief the facts support.

Cancellation and rectification of instruments

Title disputes often turn on a document that the plaintiff says should not exist or does not say what the parties agreed. Two provisions of the Specific Relief Act deal with these cases, and both are frequently combined with a prayer for declaration.

Section 39: cancelling a void or voidable instrument

Section 39 allows any person against whom a written instrument is void or voidable, and who reasonably apprehends that it may cause serious injury if left outstanding, to sue to have it adjudged void or voidable and delivered up and cancelled. Where the instrument is registered, the court sends a copy of its decree to the registering officer, who notes the cancellation in the registry books.[1]

A party to a deed obtained by fraud or coercion generally needs cancellation; a stranger to a forged deed can often sue for a declaration that it is void and not binding. The limitation periods, forgery remedies and court fees are covered in our guide to the deed cancellation suit.

Section 31: rectifying a mistaken deed

Where, through fraud or mutual mistake, a contract or other written instrument does not truly express the parties' intention, section 31 lets either party sue to rectify it. The court must find the fraud or mistake clearly proved and ascertain the real intention, and it may rectify only so far as this can be done without prejudice to rights acquired by third parties in good faith and for value.[1]

Wrong plot or dag numbers are the classic example. In the Arju Miah case, the courts rectified a deed that described the wrong RS dag number and declared the plaintiff's title to the land actually transferred, leaving him free to seek mutation and correction of the record on the strength of the rectified deed.[14]

Evidence of title: khatians, deeds and possession

A title suit Bangladesh courts decree is won on documents and on a coherent chain of title from a recorded owner to the plaintiff. The court looks for three things that fit together: a source of title, an unbroken chain of transfers or inheritance, and possession consistent with both.

The record of rights

Successive survey records, commonly the CS, SA and RS khatians and, in many areas, a later BS or city survey record, show who was recorded as holding each plot at each survey. Section 144A of the State Acquisition and Tenancy Act 1950 makes every entry in a record of rights prepared or revised under section 144 evidence of the matter it records and presumes it correct until proved incorrect.[12] That presumption is rebuttable. A record of rights is evidence of possession and of the recorded interest, not a document of title in itself, and an erroneous entry can be corrected through the procedures explained in our guide to khatian correction.

Deeds and the chain of title

Registered sale, gift and exchange deeds, partition deeds and inheritance documents form the chain. Certified copies from the registry, with volume and page references, should be obtained early. Under section 90 of the Evidence Act 1872, a document proved or purporting to be thirty years old and produced from proper custody may be presumed to have been duly signed, executed and attested.[11] It helps with old deeds but does not cure a break in the chain.

Possession and the burden of proof

Section 110 of the Evidence Act provides that where a person is shown to be in possession, the burden of proving that he is not the owner lies on the person who asserts it.[11] Evidence of possession, such as rent receipts, utility bills, cultivation, structures and neighbours' testimony, therefore matters even in a suit about ownership.

What the courts reject

In Md Nurul Islam (heirs) v Government of Bangladesh, the High Court Division dismissed an appeal in a suit for declaration of title to 15.16 acres. It held that documents filed through a firisti but never proved and exhibited could not establish the case, that paying rent and khajna by opening a separate holding does not create title, that an amalnama is not a formal deed of transfer, and that a declaration cannot be made over unspecified portions of land because Order VII rule 3 of the Code requires the suit land to be specified.[13] Each is a failure of preparation, not of title. On mutation, see our guide to land mutation.

Specific performance suits under sections 12 to 30

Specific performance is often pleaded inside a title suit Bangladesh buyers bring. It is the remedy for a buyer, or occasionally a seller, whose counterparty will not complete. It is governed by Chapter II of the Specific Relief Act, sections 12 to 30, and is discretionary throughout.[1]

When performance is ordered

Section 12 allows specific performance where there is no standard for ascertaining the actual damage, where money would not afford adequate relief, or where money compensation probably could not be obtained. Its explanation directs the court to presume, unless the contrary is proved, that breach of a contract to transfer immovable property cannot be adequately relieved by money, and that breach of a contract to transfer movable property can.[1] A buyer of land therefore starts with the presumption in his favour.

Contracts the court will not enforce

Section 21 lists contracts that cannot be specifically enforced, including those for which money is adequate relief, those too detailed or dependent on personal qualifications for the court to supervise, those whose terms cannot be found with reasonable certainty, revocable contracts and contracts involving a continuous duty lasting more than three years.[1] Under section 22 the court may still refuse relief, for example where the contract gives the plaintiff an unfair advantage, but must exercise that discretion on sound judicial principles.[1]

Section 21A: registration and deposit

Section 21A, inserted by the Specific Relief (Amendment) Act 2004 with effect from 1 July 2005, provides that no contract for sale of immovable property can be specifically enforced unless the contract is in writing and registered under the Registration Act 1908, whether or not the buyer has taken possession, and the balance of the consideration is deposited in court when the suit is filed.[1] Both conditions go to maintainability. An unregistered agreement for sale, however well proved, will not support a decree for performance. Registration of the agreement itself, the baina, is covered in our guide to the baina deed, together with recent High Court Division rulings on late deposit.

Compensation, third parties and limitation

Section 19 lets the plaintiff claim compensation in addition to or instead of performance, and the court may award it even where it refuses performance.[1]

Section 27 makes the decree enforceable against the seller and anyone claiming under a later title, except a transferee for value who paid in good faith without notice of the original contract.[1] Limitation is short. Article 113 of the Limitation Act 1908 gives one year from the date fixed for performance or, if no date is fixed, from when the plaintiff has notice that performance is refused; the Limitation (Amendment) Act 2004 reduced the period from three years.[2] Where the contract fixes a completion date, time runs from that date, not from a later refusal.

Commercial property

The Commercial Courts Act 2026 lists, among commercial disputes, contracts relating to immovable property used for trade or business.[9] A specific performance suit over a shop, warehouse or factory may therefore belong in a Commercial Court rather than the ordinary civil court. Our guide to the Commercial Courts Act explains the forum.

Money suits and interest

A money suit is the ordinary civil route for recovering a debt, the price of goods or services, a refund or damages. It is filed in the civil court of the lowest competent grade by value, or in a Commercial Court where the dispute falls within one of the Act's listed categories. Bank and financial institution loans go to the Artha Rin Adalat instead.

Limitation for money claims

The Limitation Act sets three years for most money claims, but the starting point differs. For goods sold and delivered with no fixed credit period, time runs from delivery; for money lent, from the date of the loan; for compensation for breach of an unregistered contract, from the breach.[2] Under section 19, a written acknowledgment of liability signed by the debtor before the period expires starts a fresh period, so correspondence in which the debtor admits the balance should be preserved.[2]

Interest under section 34

Where a decree is for money, section 34 of the Code of Civil Procedure lets the court award interest at a reasonable rate on the principal from the date of suit to decree, in addition to any interest adjudged for the period before suit, and further interest on the aggregate from decree to payment. If the decree is silent on post-decree interest, the court is deemed to have refused it and no separate suit lies.[7] The plaint should therefore claim pre-suit interest with its contractual or legal basis, pendente lite interest and post-decree interest in express terms.

Interest in the Commercial Courts

In a Commercial Court, a plaintiff claiming interest must give full particulars of it in the plaint. Unless the parties have agreed otherwise, the court may add interest from the date the dispute arose to judgment at the contract rate or a rate it fixes, and the judgment sum carries interest at two per cent above the Bangladesh Bank rate from judgment to payment unless the judgment orders otherwise.[9] Attachment before judgment and enforcement are covered in our guide to contract enforcement in Bangladesh.

Summary suits under Order XXXVII

Order XXXVII of the Code provides a summary procedure for suits on bills of exchange, hundis and promissory notes. It applies only in the High Court Division and the District Court.[8]

How the procedure works

Where the plaint and summons are in the prescribed forms, the defendant cannot appear or defend without leave of the court. If leave is not obtained, the allegations in the plaint are deemed admitted and the plaintiff is entitled to a decree for the principal sum due on the instrument, interest under the Negotiable Instruments Act and costs, which may be executed at once.[8]

Leave to defend

The court must grant leave on affidavits disclosing facts that would make it incumbent on the holder to prove consideration, or other facts it considers sufficient, and may grant leave unconditionally or on terms such as payment into court or security.[8] After decree, the court may set it aside in special circumstances. Presentment, the statutory presumptions and guarantor liability are covered in our guide to the promissory note case.

Court fees: ad valorem or fixed

Every plaint must carry the correct court fee under the Court-fees Act 1870. The fee is either ad valorem, calculated on the value of the claim on a sliding scale, or fixed, a set amount regardless of value. Which applies depends on the relief.

How section 7 values each suit

Section 7 computes the fee in money suits on the amount claimed; in suits for a declaratory decree where consequential relief is prayed, and in injunction suits, on the amount at which the plaintiff values the relief, subject to a minimum valuation attracting at least Tk 200; in suits for possession of land, on the market value or fifteen times the net profits, whichever is greater; and in suits for specific performance of a contract of sale, on the amount of the consideration.[3] A title suit Bangladesh plaintiffs bring for declaration with recovery of possession is therefore valued by reference to the land itself.

The ad valorem scale and cap

Schedule I, substituted by the Court-fees (Amendment) Act 2010 with effect from 1 September 2010, sets the ad valorem scale for plaints and memoranda of appeal, and its proviso caps the maximum fee on a plaint or memorandum of appeal at Tk 35,000.[4]

Fixed fees for bare declarations

Schedule II prescribes fixed fees for plaints in certain suits, including a suit to obtain a declaratory decree where no consequential relief is prayed, for which the printed schedule shows Tk 300.[4] The low fee tempts plaintiffs into bare declaratory suits; the proviso to section 42 is why that temptation should usually be resisted.

Wrong valuation

Under section 8C, a court that considers the subject matter wrongly valued may revise the valuation and hold an inquiry, and under section 8D it may commission a local investigation for that purpose.[3] A plaint found undervalued must be made good within the time allowed or it is liable to rejection under Order VII rule 11.[8]

Valuation for jurisdiction and the right court

Valuation does double duty. Under section 8 of the Suits Valuation Act 1887, where court fees are payable ad valorem, other than in suits for possession of land, pre-emption, mortgage redemption and specific performance of awards, the value for court fees and the value for jurisdiction are the same.[5] The figure in the plaint therefore fixes both the fee and the grade of court.

Pecuniary limits in 2026

Section 19 of the Civil Courts Act 1887, as substituted in 2021, gives a Senior Civil Judge jurisdiction over suits valued up to Tk 25 lakh and a Civil Judge over suits up to Tk 15 lakh. The District Judge and Joint District Judge have jurisdiction over all original civil suits, subject to section 15 of the Code, which requires filing in the lowest competent grade.[6] The Civil Courts (Amendment) Act 2026, effective from 2 November 2025, renamed Assistant Judges and Senior Assistant Judges as Civil Judges and Senior Civil Judges but did not change these limits.[6]

Appeals follow value

An appeal from a Joint District Judge lies to the District Judge where the value of the original suit does not exceed Tk 5 crore, and otherwise to the High Court Division; appeals from Senior Civil Judges and Civil Judges lie to the District Judge.[6] Valuation at the outset therefore also determines where the first appeal goes.

Objections to valuation

Section 11 of the Suits Valuation Act bars an appellate court from entertaining an objection that over- or under-valuation gave the wrong court jurisdiction unless the objection was taken in the trial court at or before the first framing of issues, or the appellate court is satisfied that the error prejudicially affected the decision on the merits.[5] Defendants who want to challenge valuation must do so early.

Where to file

Section 16 of the Code requires suits for recovery of immovable property, partition and the determination of any other right to or interest in immovable property to be filed in the court within whose local limits the property is situated.[7]

The table compares the main suit types. On a phone, scroll it sideways.

Mandatory pre-suit mediation in 2026

Three mediation regimes now affect civil suits, and each has a different trigger. Each should be checked before filing.

Legal aid pre-case mediation under section 21B

The Legal Aid Services (Amendment) Act 2026 (Act No. 45 of 2026) inserted sections 21B to 21E into the Legal Aid Services Act 2000. For disputes listed in the Act's schedule, the aggrieved party must first apply to the legal aid office for mediation and may file in court only if mediation fails, filing the prescribed report with the plaint; time spent in mediation is excluded from limitation.[10]

By S.R.O. No. 288 of 30 July 2026, section 21B took effect from 31 July 2026 in thirty districts, including Cumilla, Sylhet, Mymensingh, Rangpur, Narsingdi, Munshiganj, Bogura, Jashore, Cox's Bazar and Tangail. Dhaka is not on the list.[10] Check whether any relief you claim falls within the schedule before filing in a covered district.

Pre-suit mediation in the Commercial Courts

Section 7(1) of the Commercial Courts Act 2026 requires a plaintiff in a commercial suit that involves no urgent interim relief to follow the pre-suit mediation process prescribed by government rules, if such rules exist when the suit is filed. During the suit, the court may with both parties' consent allow mediation, which must finish within thirty days, extendable by thirty more, and a signed settlement is treated as a decree.[9] Confirm whether rules have been notified before filing.

Court-annexed mediation under section 89A

In every suit other than an Artha Rin suit, once the written statement is filed and the contesting parties are present, section 89A of the Code requires the court to adjourn the hearing and either mediate itself or refer the dispute to the legal aid officer, the parties' lawyers, the parties or a panel mediator. Mediation is to conclude within sixty days of the appointment being notified to the court.[7] The court-fee refund on settlement and the appellate route under section 89C are explained in our guide to court-annexed mediation.

Limitation: the clocks that decide title suits

Section 3 of the Limitation Act requires a court to dismiss a suit filed after the prescribed period whether or not limitation is pleaded. The articles below are those most often engaged in property and money litigation.[2]

• Declaration: a suit for which no period is provided elsewhere falls under article 120, six years from when the right to sue accrues, and declaratory suits are commonly governed by it.
• Cancellation: article 91 gives three years from when the facts entitling the plaintiff to have the instrument cancelled or set aside become known to him.
• Possession: articles 142 and 144 give twelve years, from dispossession or from when the defendant's possession becomes adverse.
• Specific performance: article 113 gives one year from the date fixed for performance or from notice of refusal.
• Money: articles 52, 57 and 115 give three years for the price of goods, money lent and breach of contract.

Where reliefs are combined, each must be within time: a title suit Bangladesh plaintiffs file for possession within twelve years can still fail if the deed blocking their title should have been challenged within three years of learning of it.[2]

Running a title suit Bangladesh courts will decree: step by step

The sequence below reflects how TRW prepares a property or recovery suit from first instructions to decree.

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Since the Code of Civil Procedure (Amendment) Act 2026, which took effect from 8 May 2025, the facts in every plaint must be proved by affidavit.[7] Every statement in the plaint should therefore be one the deponent can defend under cross-examination.

Mistakes that defeat a title suit Bangladesh plaintiffs could have won

• Asking for a bare declaration: omitting possession, injunction or cancellation when they were available invites dismissal under the proviso to section 42.
• Missing parties: a declaration binds only parties and those claiming through them, so every adverse claimant and co-heir should be joined.
• Vague schedules: the suit land must be identified by mouza, khatian, dag number, area and boundaries; partial and unspecified claims fail.
• Unproved documents: filing papers on a list is not proof; each must be proved and exhibited through a competent witness.
• Undervaluation: a low valuation to save court fee risks rejection, revaluation and challenge to jurisdiction, and the Tk 35,000 cap makes it pointless in large claims.
• Unregistered sale agreements: section 21A bars specific performance of an unregistered contract for sale of land, and a late deposit of the balance can defeat the suit.
• The one-year clock: specific performance claims are lost to article 113 more often than to any defence on the merits.
• Ignoring the summons: a defendant who does not appear risks an ex parte decree; the remedies are explained in our guide to setting aside an ex parte decree.

What to watch in 2026 and beyond

Three developments will shape civil suits over the coming year. First, the reach of mandatory legal aid mediation under section 21B is expanding district by district, so the filing route for listed disputes depends on where the property lies.[10] Second, the Commercial Courts are drawing commercial property contracts and money claims away from the ordinary civil courts, and the rules on pre-suit mediation under section 7 will decide whether a further mandatory step is added.[9] Third, the 2026 amendments to the Code, including affidavit-based plaints and evidence, are changing how title evidence is prepared and tested.[7]

The fundamentals have not changed. A title suit Bangladesh courts will uphold rests on the right relief, the right valuation, the right parties, a complete chain of documents and a filing within time. For wider land disputes, including partition, see our guide to partition suits, and for interim protection while a suit is pending, our guide to the temporary injunction. TRW's real estate disputes practice and land records and khatian correction practice act on both sides of these cases. To have a title or recovery claim reviewed, contact TRW.

Frequently asked questions

What is a title suit in Bangladesh?

It is a civil suit about a right in property, usually for declaration of title under section 42 of the Specific Relief Act 1877 together with further relief such as recovery of possession, an injunction or cancellation of a deed. In practice, partition and specific performance suits are also filed as title suits.

Can I file a suit only for declaration of title?

Only if no further relief is available. The proviso to section 42 bars a declaration where the plaintiff could have sought further relief and did not, so a plaintiff out of possession should normally also claim recovery of possession.[1] [14]

Does a khatian prove ownership of land?

A record-of-rights entry is evidence of what it records and is presumed correct until proved incorrect, but it is not a document of title by itself. Courts read it with the deeds, the chain of inheritance and evidence of possession.[12] [13]

What is the limitation period for a declaratory suit?

Declaratory suits are commonly governed by article 120 of the Limitation Act, six years from when the right to sue accrues. Combined reliefs carry their own periods, such as three years for cancellation and twelve years for possession.[2]

Can I enforce an unregistered agreement to buy land?

Not by specific performance. Section 21A, in force since 1 July 2005, requires the contract for sale of immovable property to be in writing and registered, and the balance price to be deposited in court on filing.[1]

How long do I have to sue for specific performance?

One year under article 113 of the Limitation Act, running from the date fixed for performance or, if none was fixed, from when you had notice that performance was refused.[2]

Will the court award interest in a money suit?

Under section 34 of the Code the court may award interest from the date of suit to decree and from decree to payment at a reasonable rate. If the decree is silent on post-decree interest, it is treated as refused.[7]

Where can a summary suit be filed?

Order XXXVII applies only in the High Court Division and the District Court, and only to suits on bills of exchange, hundis and promissory notes.[8]

How much court fee is payable on a title suit?

Where consequential relief is claimed, the fee is ad valorem on the valuation, capped at Tk 35,000 for a plaint. A suit for a bare declaration attracts a fixed fee under Schedule II.[3] [4]

Which court hears my suit?

The lowest competent court where the property lies: a Civil Judge up to Tk 15 lakh, a Senior Civil Judge up to Tk 25 lakh and a Joint District Judge above that. Commercial disputes in the listed categories go to a Commercial Court.[6] [9]