Mohamed Vapoo Badurdeen and Ameerun Nihar v. Mrs. Balambikai Sivasubramaniyam – CA DCF/1058/2000-2000

In the case between Mrs. Balambikai Sivasubramaniyam (Plaintiff) and Mohamed Vapoo Badurdeen and Ameerun Nihar (Defendants), the court addressed the issue of entitlement to a declaration of title to land under a Conditional Transfer Deed in the context of a prior settlement before the Debt Conciliation Board and the doctrine of novation. The findings established that the Plaintiff’s right to claim title under the original deed was not extinguished by the subsequent settlement or alleged novation, and that the Plaintiff was not limited to seeking remedy solely under the terms of the Board’s settlement order. The decision reaffirmed the principle that a conditional transfer, when not supplanted by a valid novation, enables the transferee to seek declaration of title in ordinary courts. Statu