SUIT FOR CANCELLATION OF SALE DEED and injunction

 

IN THE LEARNED 9^TH  COURT OF CIVIL JUDGE ( Sr. Divn.)

AT ALIPORE, SOUTH 24 PARGANAS.

 

TITLE SUIT No-                       of 2014.

 

SRI RANJIT GAYEN son of Late Nandalal Gayen residing at Village- Bally, Post Office- Bali Hatkhola, Police Station- Gosaba in the District of South 24 Parganas Pin Code No- 743370.                                  

……PLAINTIFF.

       -VERSUS-

SRIMATI APARNA MISHRA wife of Mr. Gour Hari Mishra residing at Village- Bally, Post Office- Bali Hatkhola, Police Station- Gosaba in the District of South 24 Parganas Pin Code No- 743370.

      ..…..DEFENDANT

 

SUIT FOR CANCELLATION OF SALE DEED DATED 22-01-1987 AND INJUNCTION  VALUED AT Rs. 61,000/-

 

1.      That the Plaintiff is one of the sons of Nanda Lal Gayen who was the recorded owner of All That Piece and Parcel of Sali Land admeasuring 166 decimal under Mouza- Bali, R.S Dag No- 2833, Kri. Khatian No- 383, J.L. No- 18, R.S. No- 43, Touzi No- 22 ,  within the jurisdiction of Gosaba Police Station in the District of South 24 Parganas morefully and particularly described in the First Schedule hereunder along with other properties.

 

2.      That the said Nanda Lal Gayen died on 5^th day of Poush 1388 in the Bengali era leaving behind his wife and Four sons and one daughter who inherited the property left by said Nanda Lal Gayen each having equal share of the First Schedule Property.

 

3.      That the said First Schedule property have not been partitioned by mates and bound till date.

 

4.      That the Plaintiff got undivided 27 Decimal of the land out of First Schedule land under Mouza- Bali, R.S Dag No- 2833, Kri. Khatian No- 383, J.L. No- 18, R.S. No- 43, Touzi No- 22 ,  within the jurisdiction of Gosaba Police Station in the District of South 24 Parganas after the death of his father Nanda Lal Gayen by way of Hindu Succession and become absolute owner of the said land hereinafter referred to as the Suit Property morefully described in the Second Schedule hereunder mentioned.  

 

5.      That the Defendant is known to the Plaintiff’s brothers and often comes to them and helped them from time to time and the brothers of the Plaintiff reposed confidence in the Defendant.

 

6.      The brothers of the Plaintiff were in need of money for their personal interest and use and they agreed to sell their share of land to the Defendant.

 

7.      The Plaintiff is an illiterate person and do not read and write except his name in Bengali.

 

8.      The Plaintiff states that one day the brothers of the Plaintiff told that the First Schedule Property would be partitioned by mates and  bound  and they would sell their share to the Defendant so the Plaintiff would have to go to Registration Office for partition of the said First Schedule property and to sing as an witness in the Deed which is to be sold to the Defendant.

 

9.      The Plaintiff states that according to such expression made by the brothers of the Plaintiff, the Plaintiff went to the office of the Sub - Registrar at Basanti  on 22-01-1987 and put his signature in Bengali vernacular on some alleged documents at the said registration office because the Plaintiff only write his name in Bengali language. 

 

10. The Plaintiff states that the before putting his signature on alleged documents no one read over  and explained the contains of the said documents nor the registrar asked me to which the Plaintiff putting his signature nor the purchaser given him any amount for such execution and registration of the alleged Deed.

 

11. The Plaintiff further states that the Plaintiff for the first time came to know that the Defendant become the owner of the Second Schedule property when the Defendant applied for mutation of her name in the Record of the concerned Block Land and Land Reform Office, (Gosaba) South 24 Parganas and the Revenue Officer, Block Land and Land Reform Office, (Gosaba) South 24 Parganas issued a notice for such mutation in the record of right being Mutation Case No- 2747 of 2013, asking thereby for hearing  dated 18-09-2014.

 

12.  The Plaintiff further states that the Plaintiff shocked and surprised by getting such notice for mutation from the Revenue Officer, Block Land and Land Reform Office, (Gosaba) South 24 Parganas and filed his objection to the the Revenue Officer, Block Land and Land Reform Office, (Gosaba) South 24 Parganas.

 

13. The Plaintiff further states that on the date of receipt of the said notice, the Plaintiff came to know that the Defendant has fraudulently and illegally obtained the alleged Sale Deed in respect of the Second Schedule Suit property.

 

14. That the said Sale Deed Dated 22-01-1987 allegedly executed by the Plaintiff in favour of the Defendant fraudulently and the Defendant obtained the said sale Deed dated 22-01-1987 registered in the Office of the Sub – Registrar, Basanti, South 24 Parganas and recorded in Book No-I, Volume No-4, pages No-173 to 178 being Deed No-280 for the year 1987 fraudulently.

 

15. The Plaintiff further states that there was no transaction between the parties for the sale of the Second Schedule Property and the said Second Schedule Property has not yet been partitioned amongst the legal heirs of Nanda Lal Gayen.

 

16. The Plaintiff further states that the consideration of Rs. 5,000/- shown in the said alleged Sale Deed is fictitious. The Plaintiff never received any amount from the Defendant for the alleged sale of the Second Schedule property to the Defendant.

 

17. The Plaintiff further states that the Second Schedule Suit Property fraudulently taken through the Sale Deed was worth Rs. 60,750/-  (Rupees Sixty Thousand Seven Hundred Fifty) only.   The Consideration passed on the alleged Sale Deed is inadequate.

 

18. That on 20-10-2014, the Plaintiff requested the Defendant to set aside the Sale Deed  in respect of the Second Schedule Property but the Defendant did not agree.

 

19. That inspite of such request, the Defendant and her men and agent illegally and forcefully trying to dispossess the Plaintiff from the suit property and once the defendant succeeds her mission then the Plaintiff would suffer irreparably.

 

20.  The Plaintiff further states that the Plaintiff is still in possession of the suit property and cultivating the same and the alleged Sale Deed has not yet been acted upon.

 

21.  By the aforesaid illegal acts of the defendant, cloud has been casted  to the right, title, interest and/or possession of the plaintiff in respect of the suit property which should be removed by appropriate order of injunction.

22.  As the Defendant did not bother to the request of the Plaintiff and illegally trying to dispossess the Plaintiff so the Plaintiff constrained to file the instant suit.

 

23. Accordingly the Plaintiff claims for a decree  for Cancellation of the Sale Deed dated 22-01-1987 registered in the Office of the Sub-Registrar, Basanti, South 24 Parganas and recorded in Book No-I, Volume No-4, pages No-173 to 178 being Deed No-280 for the year 1987 in respect of the suit property as described in the Second Schedule herein.

 

24. That the cause of action arose on 22-01-1987  when the fraudulent sale deed executed and on 20-08-2014,  when the Plaintiff received the notice from the Revenue Officer, Block Land and Land Reform Office, (Gosaba) South 24 Parganas for alleged mutation in the record of right in the name of the Defendant  and on 20-10-2014, when the Plaintiff lastly requested the Defendant to set aside the said alleged Sale Deed dated 22-01-1987 registered in the Office of the Sub Registrar Basanti, South 24 Parganas and recorded in Book No-I, Volume No-4, pages No-173 to 178 being Deed No-280 for the year 1987 and thereafter on each subsequent dates and all such cause of action is continuing since then from day to day under Mouza- Bali, R.S Dag No- 2833, Kri. Khatian No- 383, J.L. No- 18, R.S. No- 43, Touzi No- 22 ,  within the jurisdiction of Gosaba Police Station in the District of South 24 Parganas which is within the jurisdiction of the learned court.

 

25. For the purpose of jurisdiction and the Court Fees the suit is valued at Rs. 60,750/- and  for injunction of Rs. 250/- and  the ad-velorem Court fees is paid herewith.

 

 

The plaintiff accordingly prays for the following reliefs:

a.          Decree  for Cancellation of the Sale Deed dated 22-01-1987 registered in the Office of the Sub Registrar, Basanti, South 24 Parganas and recorded in Book No-I, Volume No-4,  pages No-173 to 178 being Deed No-280 for the year 1987 in respect of the suit property as described in the Second Schedule herein.

 

b.         Declaration that Plaintiff  is the Owner of the Suit Property described in the Second Schedule herein.

 

c.          Permanent injunction restraining the defendants from interfering  with the possession of the plaintiff in respect of the suit property as described in the Second Schedule.

 

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 166 Decimal of Sali  land under Mouza- Bali, R.S Dag No- 2833, Kri. Khatian No- 383, J.L. No- 18, R.S. No- 43, Touzi No- 22 ,  within the jurisdiction of Gosaba Police Station in the District of South 24 Parganas And butted and bounded as follows:

 

ON THE NORTH :-      Land under Dag No-

ON THE SOUTH  :-       Land under Dag No-

ON THE EAST    :-         Land under Dag No-

ON THE WEST   :-         Land under Dag No-

 

 

SECOND SCHEDULE SUIT PROPERTY

 

ALL THAT  piece and parcel of undivided 27 Decimal of the land out of First Schedule land under Mouza- Bali, R.S Dag No- 2833, Kri. Khatian No- 383, J.L. No- 18, R.S. No- 43, Touzi No- 22 ,  within the jurisdiction of Gosaba Police Station in the District of South 24 Parganas.

 

 

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

 

I  SRI RANJIT GAYEN the plaintiff do hereby declare that I verify for and say that the statement made in paragraphs No: 1 to 20 are true to the best of my knowledge and paragraphs No: 21 to 25 and the rest are my humble submission before this Learned Court.

 

I signed the verification on this …….day of                       2014 at the Court Premises.

 

 

 

 

 

 

 

 

 

 

A F F I D A V I T

 

I   SRI RANJIT GAYEN son of Late Nandalal Gayen aged about _____ By Faith- Hindu, residing at Village- Bally, Post Office- Bali Hatkhola, Police Station- Gosaba in the District of South 24 Parganas Pin Code No- 743370……do hereby affirm and say as follows : 

 

That I am the plaintiff  and do hereby affirm and say that the statement made in paragraphs No: 1 to 20 are true to the best of my knowledge and paragraph No: 21 to 24 and the rest are my humble submission before this Learned Court.

 

 

 

                                       Deponent

                                                                                 Identified by me

 

 Advocate

Prepared in my Chamber,

 

Advocate

Date : _____________2014.

Place : Alipore Judges’ Court.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

List of  documents relied upon by the Plaintiff

 

 

 

1.      Alleged Sale Deed Dated 22-01-1987.

2.      Settlement Records of Right.

3.      Notice issued by the Revenue Officer, B.L. & L.R.O. Gosaba.

4.      Objection made to the Revenue Officer, B.L. & L.R.O. Gosaba.

5.      Notices made to the concerned Authorities.

 

 

 

 

 

 

List of  documents filed  by the Plaintiff

 

 

 

1        Alleged Sale Deed Dated 22-01-1987.

2        Settlement Records of Right.

3        Notice issued by the Revenue Officer, B.L. & L.R.O. Gosaba.

4        Objection made to the Revenue Officer, B.L. & L.R.O. Gosaba.

5        Notices made to the concerned Authorities.