District: South 24 parganas
IN THE COURT OF THE LEARNED CHIEF JUDGE
CITY CIVIL COURT AT CALCUTTA
Title suit no. of 2015
TAPAN KUMAR CHAKRABARTI
Son of Late Kshetra Mohan Chakrabarty
Residing at Durganagar
Station Road,
Madhya Durganagar, Railway Gate
No. 4,
P.O. Rabindranagar, P.S.Nimta,
Kolkata- 700065
……………. Plaintiff
-Versus-
2. SRI SOVAN CHAKRABORTY
Son of Late Abani Mohan Chakraborty
Residing at 26/A,Bhupendra Nath Bose
Avenue, Northern Portion,P.S. Shyampukar,
Shyambazar,
Kolkata- 700004 & office address is
URBI Prakashak, 28/5, Convent Road
Kolkata- 700014
…………………. Defendant
No.1
2. SRI SAILEN SADHUKHAN
Son of late Kartick Sadhukhan
4A, Shyam Square South
Kolkata- 700003
………………..
Defendant No.2
AN
APPLICATION UNDER ORDER 39 RULE 1 AND 2
READ WITH SECTION 151 OF
THE C.P.CODE
The humble
petition on behalf
of the Plaintiff abovenamed.
Most respectfully sheweth :-
1.
That your
petitioner/plaintiff has filed the instant case for declaration and injunction
against the defendants on the grounds as stated in the plaint.
2.
That in nutshell
the facts of the case is described below.
3.
That the plaintiff’s father late Kshetra Mohan Chakrabarty was the sole tenant of
the suit premises 26/A (old no.26/3), Bhupendra Nath Bose Avenue, Kolkata-
700004, consisting three storied building since 1944 where the land lord was Late Kartick Chandra Sadhukhan, who
issued bills in favour of your plaintiff’s father and after the demise of the
said land lord his son Sri Sailen Sadhukhan is the present land lord, who also
issued bills in favour of late Kshetra Mohan Chakrabarty, where the rent
amount was Rs. 50/(Rupees fifty only) per month and the land lord/Defendant
no.2 does not reside the suit premises, he reside at 4A,Shyam Square South, Kolkata-
700003. Xerox copies of rent receipt are annex herewith as “A”,”A1”,”A3”,”A4”,”A5”
and “A6”
4.
That late Kshetra
Mohan Chakrabarty resided the suit premises with his family and also he verbally
allowed his two brothers namely Sri Hari Charan Chakraborty(at present
deceased) and Sri Abani Chakrabarty(at present deceased) for residing the said
premises with their family and for that reason late Kshetra Mohan Chakrabarty, elder brother
lived in the first floor of the said premises with his family whereas late Hari
Charan Chakrabarty lived in the ground floor and late Abani Mohan Chakrabarty
lived in the second floor of the said premises with his family.
5.
That said Kshetra
Mohan Chakrabarty died on 09.072007 leaving behind his successors namely Sri
Tapan Chakrabarty/Plaintiff, Smt.Aparna Upadhyay(Daughter) and Smt. Indrani Chakrabarty(Daughter). Xerox copy of death certificate is
annex herewith as “B”.
6.
That after demise
of late Kshetra Mohan Chakrabarty his son Sri Tapan Kumar Chakrabarty/here
Plaintiff is the sole tenant of entire three storied building of premises no.
26/A (old no.26/3), Bhupendra Nath Bose Avenue, Kolkata- 700004, and he was
resided there with his family on the first floor and ground floor because after
demise of his uncle namely Sri Hari Charan Chakrabarty, his family handover the
possession i.e. ground floor to your plaintiff whereas his another uncle Sri
Abani Mohan Chakrabarty died on 07.01.2003 and his son namely Sri Sovan
Chakrabarty/ here defendant occupied the second floor of the said premises with
his family.
7.
That your
plaintiff’s father had been maintained the full tenanted premises and land lord
Sri Sailen Sadhukhan issued the rent receipt in favour of late Kshetra Mohan
Chakrabarty because late Kshetra Mohan Chakrabarty always paid the rent amount Rs.50/-(Rupees
fifty only) per month regularly in the year of 30.12.2003 and after that due to
his illness late Kshetra Mohan Chakrabarty does not paid his rent regularly and
after his death your plaintiff always tried to pay his rent to the
landlord/Defendant no.2 bur every time your landlord/Defendant no.2 refuse to
accept the rent from your plaintiff because his intention was bad because he
want to evict your plaintiff by any cost.
8.
That due to the
bad condition of the said premises your plaintiff’s father late Kshetra Mohan
Chakrabarty arrange a separate mess for
repairing purpose on his residential portion of the aforesaid house i.e. first
floor and ground floor and for that reason he shifted his family at 122/3,Roy
Bahadur Road, Behala, Kolkata- 700034 and after that he shifted at Durganagar
Station Road, Madhya Durganagar, Railway
Gate No. 4, P.O. Rabindranagar, P.S.Nimta, Kolkata- 700065 by purchasing a flat
where your plaintiff’s father and mother left their last breath. That after when
your plaintiff return back to the suit premises for repair his portion then his
younger uncle’s son namely Sri Sovan Chakrabarty here defendant No.1forcefully
restrained to your plaintiff for entering to his room and the defendant no.1
kept the main gate locked and tried to encroach the plaintiffs residential
portion not only that but also your defendant No.1 tried to forcibly encroach
the total building and for that reason he approached himself before the
landlord for his tenancy right but the landlord refused him because he has no
right to declare himself as tenant of the aforesaid suit premises because after
demise of late Kshetra Mohan Chakrabarty his only son Sri Tapan Kumar Chakrabarty
here plaintiff is only the sole tenant of the suit premises which has mentioned
below.
9.
The plaintiff
submits that after demise of his father i.e. late Kshetra Mohan Chakrabarty
till this date he is the only tenant of the suit premises and where the
landlord is Sri Sailen Sadhukhan and the defendant no.1 knows everything but due
to absence of your plaintiff the defendant no.1 tried to grab the whole
tenanted portion and for that reason he restrained your plaintiff in various
manner.
10.
That plaintiff
being a peace loving citizen asked the defendant for the reason behind of his
such an unwanted behavior, then the truth come out, the defendant revealed that
he wanted to make an tenancy agreement with the landlord but the landlord here
the defendant no.2 refuses with a plea that late Kshetra Mohan Chakrabarty was the only
tenant of the suit premises and after his death his only son Sri Tapan Kumar
Chakrabarty is the present tenant and for that reason the defendant no.1 becomes
angry and now he will take revenge.
11.
The plaintiff
tried to settle up the dispute and made various request to the defendants to
stop creating disturbance to the free egress and ingress of the plaintiff in
his rented house i.e. suit premises and not to keeps the main gate locked but in
every time the defendant no.1 refuse your plaintiff request with filthy
language and still now he restrained your plaintiff to enter his rented portion
by illegal way and day by day his wrongful act has increase.
12.
That on 29.01.2015 when plaintiff tried to enter his rented
portion i.e. suit premises the defendant no.1 obstruct him illegally whereas
your defendant has no right, title and interest over the suit premise because
he occupied the suit premises illegally and his status is like a tress passer.
13.
That after the plaintiff informs the matter to
the local P.S. Shyampukar by a written complaint and the said complaint duly
received by the said P.S. dated 09.02.2015 but the defendant did not bother to stop his
wrongful act whereas day by day his wrongful act is going to be increased.
14.
That the plaintiff peaceful possession is
being threatened with dispossession and as such in order to permanent
injunction restraining the defendants from disturbing the plaintiff peaceful
possession and dispossession forcibly from the said schedule premises/ suit
property and further restraining the
defendants to stop creating disturbance to the free egress and ingress of the
plaintiff in his rented house i.e. suit premises and not to keeps the main gate
locked over the suit premises should be passed till disposal of the suit.
15.
That the aforesaid facts done by the defendant
no.1 and defendant no.2 and also starting their illegal act is the reason than
that your plaintiff was dispossession on his rented portion of the suit
premises. And that also in reason your plaintiff has declared that he is the
absolute tenant of the suit premises i.e. 26/A old no.26/3 Bhupendra Nath Bose
Avenue, Kolkata- 700004.
16.
That there is urgency to file the suit as well
as the petition for injunction.
17.
That the balance of convenience and
inconvenience are entirely in favour of the plaintiff.
18.
That the plaintiff has got prima facie case to
file the instant petition for injunction.
19.
That if the injunction is not granted in
favour of the plaintiff, he will suffer irreparable loss and injury.
It
is therefore humbly prayed that your
Honour may be pleased to pass an order
of
injunction.
i.
Restraining the defendants and their man
agent
from disturbing and/or trying to
occupy
the plaintiffs rented portion.
ii.
Restraining the defendants and their man
agent
from disturbing and/or encroach
illegally
to the plaintiffs rented portion over the
suit
premises without by due process of law.
iii.
Restraining the
defendants to stop creating
disturbance
to the free egress and ingress
of the
plaintiff in his rented house.
iv.
Restraining the
defendants from changing the
nature
and character of the suit property in
any
manner whatsoever.
And an
ad-interim order of injunction in terms
of the
above effect and to pass such other order or orders as your Honour may deem fit
and
proper.
And for this your petitioner, as in duty bound shall
ever pray.
SCHEDULE
ALL THAT
piece and parcel of premises No. at present 26/A (old no.26/3) Bhupendra Nath
Bose Avenue, ( consisting three storied building),Police Station- Shyampukar, Kolkata- 700004, under Kolkata
Municipal Corporation.
AFFIDAVIT
I, Sri Tapan Kumar Chakrabarti son of
late Kshetra Mohan Chakraborty, aged about
62 years, by faith- Hindu, by occupation- Service, residing at
Durganagar Station Road, Madhya
Durganagar, Railway Gate No. 4, P.O. Rabindranagar, P.S. Nimta, Kolkata-
700065, do hereby solemnly affirm and declare as follows:-
1.
That
I am the plaintiff in the instant suit and as such am well conversant with the
facts and circumstances of the case.
This is true to my knowledge.
2.
That
the statements made in the foregoing paragraphs 1 to 19 above are true to the
best of my knowledge and belief and the rest thereof are my humble submission
before this learned Court.
-----------------------------
DEPONENT
Readover, explained in Bengali
and Identified by me.
Advocate
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