Plaint in partition suit - Civil proceeding

 

 

District : South 24 Parganas.

 

IN THE LEARNED COURT OF CIVIL JUDGE ( SENIOR DIVISION ), AT BARUIPUR, SOUTH 24 PARGANAS.

 

TITLE SUIT No-                       of 2013.

 

1.   SRI DULAL CHANDRA NASKAR,  Son of  Late Lalit Mohan Naskar, residing at Village – Teghori, Post Office – Ramkrishna Pally, Police Station – Sonarpur, Kolkata – 700 150, District – South 24 Parganas.

 

2.   SRI APURBA NASKAR, Son of  Sri Dulal Chandra Naskar, residing at Village – Teghori, Post Office – Ramkrishna Pally, Police Station – Sonarpur, Kolkata – 700 150, District – South 24 Parganas.

 

……PLAINTIFFS.

       -VERSUS-

 

 SRI MAHADEV NASKAR,  Son of Late Lalit Mohan Naskar, Village- Teghori, Post Office – Ramkrishna Pally, Police Station – Sonarpur, Kolkata – 700 150, District – South 24 Parganas.

         

.……....DEFENDANT.

 

SUIT FOR PARTITION, ADMINISTRATION VALUED AT RS. 66,000/- ( RUPEES SIXTY SIX THOUSAND ONLY ), AND INJUNCTION VALUED AT RS. 100/- ( RUPEES HUNDRED ONLY ).

 

 

The Plaintiffs above named submits this plaint, praying to state as follows :-

 

1.   That one Lalit Mohan Naskar the father of the plaintiff No-1 and Defendant and Grand father of Plaintiff No-2 was the recorded owner of all that piece and parcel of  Bastu land measuring about 22 (Twenty Two) Decimal along with structure under R.S. Dag No- 509 Corresponding to L.R. Dag No- 545, R.S. Khatian No- 113 Corresponding to L.R. Khatian No- 397, J.L. No- 52, R.S. No-126 District Collectorate Touzi No-294, Mouza- Teghori, Pargana-Medan Malla, District-South 24 Parganas, P.S.- Sonarpur, within the jurisdiction of The Rajpur-Sonarpur Municipality, Ward No-8 previously Ward No- 7, having holding no. 100, of the Rajpur Sonarpur Municipality, morefully described in the schedule hereunder written.

 

2.   That the said Lalit Mohan Naskar died intestated on 14^th day of February 1996, leaving behind himself his wife Smt. Brihaspati Naskar, two sons namely Sri Dulal Chandra Naskar  the plaintiff No-1 herein and Sri Mahadev Naskar the defendant herein and two daughters namely Smt. Anima Naskar (Mondal) and Smt. Bharati Naskar (Mondal) who inherited the property left by said Lalit Mohan Naskar,  each having 1/5^th share on the said property and jointly enjoying and possessing the said property.

 

3. That while enjoying and possessing the said property jointly by the said legal heiress and heiresses of Lalit Mohan Naskar, Smt. Brihaspati Naskar  wife of Lalit Mohan Naskar  duly executed and registered a Deed of Gift and gifted her undivided 1/5^th share of property morefully described in the schedule hereunder written  in favour of Sri Apurba Naskar the plaintiff No-2 herein  and duly deliver the khas possession on the said share of property which has been accepted by the plaintiff No- 2 and the said  deed of Gift registered in the Office of the Additional District Sub Registrar, Sonarpur, South 24 Parganas, and recorded in Book No-I, Volume No- 21, Pages 5974, to 5989, being Deed No- 08179 for the year 2010. Thus by virtue of the said Deed of Gift the Plaintiff No- 2 become the owner and possessing the said  undivided 1/5^th share of property morefully described in the schedule hereunder written.

 

4. That while enjoying and possessing the said property jointly by the said legal heiress and heiresses of Lalit Mohan Naskar, Smt. Anima Naskar (Mondal) daughter of Lalit Mohan Naskar duly executed and registered a Deed of Gift and gifted her undivided 1/5^th share of property morefully described in the schedule hereunder written  in favour of Sri Mahadev Naskar the Defendant herein  and duly deliver the khas possession on the said share of property which has been accepted by the Defendant  and the said  deed of Gift registered in the Office of the Additional District Sub – Registrar, Sonarpur, South 24 Parganas, and recorded in Book No-I, Volume No- 29, Pages 3231 to 3246, being Deed No- 10355 for the year 2009. Thus by virtue of the said Deed of Gift and by way of inheritance the Defendant  become the owner and possessing undivided 2/5^th share of property morefully described in the schedule hereunder written.

 

5. That while enjoying and possessing the said property jointly by the said legal heiress and heiresses of Lalit Mohan Naskar, Smt. Bharati Naskar (Mondal) daughter of Lalit Mohan Naskar duly executed and registered a Deed of Gift and gifted her undivided 1/5^th share of property morefully described in the schedule hereunder written  in favour of Sri Dulal Chandra Naskar the Plaintiff No-1 herein  and duly deliver the khas possession on the said share of property which has been accepted by the Plaintiff No-1   and the said  deed of Gift registered in the Office of the Additional District Sub Registrar, Sonarpur, South 24 Parganas and recorded in Book No-I, Volume No- 21, Pages 4279 to 4294 being Deed No- 07469 for the year 2009. Thus by virtue of the said Deed of Gift and by way of inheritance the Plaintiff No-1  become the owner and possessing undivided 2/5^th share of property morefully described in the schedule hereunder written.

 

6. That the Plaintiff No- 1 and Plaintiff No-2 jointly become owners of 3/5^th share of land and structure standing thereon morefully described in the schedule hereunder written.

 

7. That the name of the plaintiffs, has duly recorded in the record of Rights at the office of the B.L. & L.R.O. Sonarpur, South 24 Parganas, in respect of their shares in Suit Property, and their names accordingly published in the L.R. Parcha, and whereas the Plaintiffs are paying their taxes to the office of the B.L. & L.R.O. Sonarpur, South 24 Parganas.

 

8. That the plaintiff state that  the Plaintiff No- 1 and Plaintiff No-2 herein are living in separate mess with separate boarding and facing very difficulties without having partition of the property by metes and bounds  morefully described in the schedule hereunder  and every time there have been arising  disputes for partition of the property in between the Plaintiffs and the defendant with other members of the respective families for control and management  of the joint property and for paying the share of taxes, Rent levies and other outgoing of the said undivided share of the property.

 

9. That the plaintiffs state that as the property has not yet been partitioned in between the parties so no repair and/or renovation has ever been effected on the undivided share of structure on the said property and the  said structure is very dilapidated condition and at any moment the said structure can be collapsed which may cause mishap of  life.

 

10. That the plaintiff state that the defendants are not taking any care to pay the property taxes, Rent and electric charges in respect of the joint property and do not paying any hid to repair and/or renovate the schedule property as such the plaintiffs requested the Defendant to partition the schedule property by mates and bound so that the plaintiffs can make an arrangement for making payment of property taxes, Rent and electric charges and to repair and/or renovate  their share of property but the defendant did not pay any hid to make partition of the said schedule property by mates and bound.

 

11. That the plaintiff accordingly called upon the defendant, on 01-06-2012, to effect partition, but he refused to do so.

 

12. That the plaintiffs submits that the defendant have been obstructing this plaintiffs in their enjoyment of the suit property.

 

13. That the plaintiffs state that due to such act of the defendant, the plaintiff did not take any steps either to renovate or to develop in their share of the said property.

 

14. That the Plaintiffs state that as the Defendant did not take any steps to get partition of the property by mates and bound so the Plaintiff jointly issued a legal notice through their Advocate on 26-06-2012, by speed/Registered  post with A/D upon the defendant demanding partition of the schedule property by mates and bound.

 

15. That the plaintiffs further state that the Defendant duly received and acknowledged the said notice but did not take any steps in terms of the said notice for partition the said property till date.

 

16. That the plaintiffs and the defendant are governed by the DAYABHAGA School of Hindu Law, and accordingly, the plaintiffs are jointly entitled to three-fifth share in the suit property.

 

17. That the Plaintiffs further state that finding no other alternative for partition of the schedule property, the Plaintiffs constrained to file this suit for partition, administration and for injunction against the defendant.

 

18.  Accordingly the plaintiff claims for partition of the schedule property by mates and bound.

 

19. That the plaintiff further claims for permanent injunction restraining the defendant from interfering into the day to day administration, management and control of  the plaintiff’s share of schedule property.

 

20.  The cause of action arose on  and from 01-06-2012, when the plaintiffs demand for partition was turned down by the defendant, and subsequently on 26-06-2012 when the plaintiffs issued legal notice to the defendant and subsequent thereto till  dates and all such cause of action is continuing since then from day to day under R.S. Dag No- 509 Corresponding to L.R. Dag No- 545, R.S. Khatian No- 113 Corresponding to L.R. Khatian No- 397, J.L. No- 52, R.S. No-126 District Collectorate Touzi No-294, Mouza- Teghori, Pargana-Medan Malla,  in respect of a Bastu land ad-measuring 22 (Twenty Two) Decimal along with structure within the jurisdiction of The Rajpur-Sonarpur Municipality, Ward No-8 previously Ward No- 7, having Holding no. 100 of the Rajpur Sonarpur Municipality, within the jurisdiction District- South 24 Parganas P.S. Sonarpur,  which is within the jurisdiction of the learned court.

 

21. That the Suit property is situate within the local limits of the jurisdiction of this Court, and hence, this Hon'ble Court has jurisdiction to try and decide this suit.

 

22. For the purpose of jurisdiction and the fixed Court Fees of the instant suit is paid herewith and the plaintiffs further undertake pay further court fees as will be decided by the Learned Court.

 

 

 

 

The plaintiff accordingly prays for the following reliefs:

 

a.           Decree for partition of the suit property by mate and bound declaring that the plaintiffs No- 1, and 2, jointly  entitled to get  3/5^th share  of land (i.e. 13.2 decimal of land) with proportionate structure in the schedule property.

 

b.           The plaintiffs three-fifth share be divided and given in their absolute possession;

 

c.           Permanent injunction restraining the defendants from interfering  with the possession of the plaintiffs in respect of the suit property as described in the schedule below and  restraining the defendants from interfering into the day to day administration, management and control of  the plaintiff’s share of schedule property and encroaching any portion thereof or any manner whatsoever.

 

d.          Receiver over the suit property.

 

e.           Cost and other charges of the suit.

 

f.            Such other relief or reliefs as the learned court may deem fit and proper.

 

 

 

SCHEDULE LAND REFERRED TO

 

 

ALL THAT  piece and parcel of Bastu land measuring about 22 (Twenty Two) Decimal along with structure under R.S. Dag No- 509 Corresponding to L.R. Dag No- 545, R.S. Khatian No- 113 Corresponding to L.R. Khatian No- 397, J.L. No- 52, R.S. No-126 District Collectorate Touzi No-294, Mouza- Teghori, Pargana-Medan Malla, District-South 24 Parganas, P.S.- Sonarpur, Holding no. 100, within the jurisdiction of The Rajpur-Sonarpur Municipality, Ward No-8 previously Ward No- 7 And butted and bounded as follows:

 

ON THE NORTH :-   

 

ON THE SOUTH  :- 

 

ON THE EAST      :- 

 

ON THE WEST      :- 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

V E R I F I C A T I O N

 

 

I  Shri Dulal Chandra Naskar, being the plaintiff No-1, do hereby declare for myself and for the Plaintiff No-  2, that I verify for and say that the statement made in paragraphs No: 1 to 16 are true to the best of my knowledge and the rest are my humble submission before this Learned Court.

 

I signed the verification on this …….day of                       2013, at the Court Premises.

 

 

 

 

Shri Dulal Chandra Naskar

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A F F I D A V I T

 

I, Shri Dulal Chandra Naskar, Son of Late Lalit Mohan Naskar, by faith- Hindu, by Occupation – Business, aged about- 45 years, residing at Village – Teghori, Post Office – Ramkrishna Pally, Police Station – Sonarpur, District – South 24-Parganas, do hereby affirm and say as follows : 

 

That I am the plaintiff No- 1, and do hereby affirm for myself as well as for the Plaintiff No.2, who duly authorised me to affirm on his behalf and I say that  I am competent to affirm this affidavit and well conversant with the facts and circumstances of the case and I say that the statement made in paragraphs No: 1 to 16, are true to the best of my knowledge and the rest are my humble submission before this Learned Court.

 

 

                                                                                                        Deponent

                                                                             Identified by me

 

          Advocate

Prepared in my Chamber,

 

Advocate.

Date.: _________________2013.

Place : Baruipur Civil Court.

 

 

 

 

 

 

 

 

LISTS OF DOCUMENTS OR PAPERS RELIED UPON BY THE PLAINTIFFS

 

1. Deed being no. 08179 for the year 2010.
2. Deed being no. 07469 for the year 2009.
3. L.R. Parcha.
4. Khaznda Dakhila.
5. Rajpur Sonarpur Municipality Tax.
6. Deed no. 10355 for the year 2009.
7. Advocate’s Letter dated 26-06-2012.
8. Other Documents and or papers.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

VAKALATNAMA

 

District : South 24 Parganas

In the Court of Learned Civil Judge ( Senior Division ), at Baruipur, South 24 Parganas.

 

                                                            Partition Suit no. ___________of 2013 .

 

            Shri Dulal Chandra Naskar                                                     ………..Plaintiff.

 

Versus

 

 

            Sri Mahadev Naskar                                       ….…Defendants.

 

 

KNOW ALL MEN by these presents that I / We Sri Dulal Chandra Naskar, Son of Late Lalit Mohan Naskar, residing at Village – Tegharia, Post Office – Ramkrishna Palli, Police Station - Sonarpur, District - South 24-Parganas.

 

   do hereby constitute and appoint the under mentioned Advocate, Pleader, Vakils, jointly and each of them severally to be pleader of take such steps and proceedings as may be necessary on my / our behalf and for that purpose to make sign, verify and present all necessary petitions, plaints, written statements and other documents and do nominate and appoint or retain senior counsels, vakil, advocates and other persons, lodge and deposits moneys and documents and other papers in the Ld. Court and the same again withdraw and to take out of Court and to obtain or grant as the case may be effectual receipts and discharge for the same and for all moneys which may be payable to me / us in the premises. To enter into compromise with my / our approval and withdraw, all moneys from the court AND GENERALLY  to act in the premises and proceedings arising there out whether by way of execution, review, appeal, or otherwise or in any manner contested there with as effectually and to all intents and purpose as I / We could act if personally present and such substitution and as pleasure to revoke I / We hereby ratifying and agreeing to confirm whatever may be lawfully done by virtue hereof.

In witness whereof this Vakalatnama has been executed by me / us.

 

This the …………………day of ………………2013

 

Sri Sandip Roy Chowdhury, Advocate.

Sri Pradip Pal, Advocate.       Sri Manoj Halder, Advocate.

Sri Saheb Halder, Advocate. Sri Ashok Kumar Singh, Advocate.