SC Upholds Moulding of Relief to Prevent Further Litigation in Property Dispute

The Supreme Court of India upheld the decision of the High Court of Judicature at Madras, which had affirmed the Single Judge's act of moulding the relief in a suit concerning the declaration and possession of property. The suit was originally filed by the Trust, claiming title to property that had been subject to prior court auction and subsequent transactions.

The case stemmed from a property dispute, the "Plaint Schedule" that began with a 1952 suit by Padmini Chandrasekaran. The property was purchased by her in a 1962 court auction. Despite this, Somasundaram Chettiar (brother-in-law of N. Selvarajalou Chetty) executed a will in 1962 in favor of Defendant No. 1. Padmini Chandrasekaran and later created a Trust in 1972 and executed her own will in 1975, with provisions for the Plaint Schedule. After her death in 1980 and the probating of her will in 1995, Defendant No. 1's agent executed sale deeds for the property in 1992 in favor of Defendant Nos. 3 to 6. This led the Trust to file C.S. No. 504 of 1998 seeking to void these sale deeds.

The Single Judge, despite finding the Trust not entitled to the decree, moulded the relief by setting aside the sale deeds and directing the executors of Padmini Chandrasekaran's will to implement its terms. The Division Bench affirmed this. The Supreme Court upheld the moulding of relief, stating it is permissible to shorten litigation and achieve justice, especially when the original relief sought is inappropriate. The Court found no error in the lower court's discretion, given Padmini Chandrasekaran's established title through the court auction and the invalidity of subsequent sales by Defendant No. 1

While dismissing the appeal by Defendant Nos. 3 to 6, the Supreme Court moulded the relief and observed that the moulding of relief is permissible when the originally sought relief becomes inappropriate or to shorten litigation and render complete justice. the Court further held "20. The concept of moulding of relief refers to the ability of a court to modify or shape a relief sought by a party in a legal proceeding based on the circumstances of the case and the facts established after a full-fledged trial."

The Court found no error in the exercise of discretion by the lower courts, especially given the established facts regarding the court auction sale in favor of Padmini Chandrasekaran and the invalidity of the subsequent sale deeds executed by Defendant No. 1. The Court emphasized that the core consideration is the setting in which the parties agitate the issues and the findings recorded by the court.

CORAM: JUSTICE PANKAJ MITHAL AND JUSTICE S.V.N. BHATTI
Between: J. GANAPATHA AND ORS VS MS. N. SELVARAJALOU CHETTY TRUST & ORS. 2025 INSC 395
Date of Judgment: 25-03-2025