District: South 24
parganas
IN THE COURT OF THE LEARNED CIVIL
JUDGE SENIOR DIVISION AT BARUIPUR
Title suit no. of 2015
ASGAR ALI GAZI
Son of Late Kasem Gazi
Residing at Joykrishnapur Piyada Para,
P.O. Bonhoogly, P.S.Sonarpur,
Kolkata- 700 103,
District- South 24 Parganas
……………. Plaintiff
-Versus-
NAUSAR
ALI MOLLA
Son of Late Ibrahim Molla
Residing at Joykrishnapur
Piyada Para,
P.O. Bonhoogly, P.S.Sonarpur,
Kolkata- 700 103,
District- South 24 Parganas
…………………. Defendant
SUIT FOR DECLARATION AND
PERMANENT INJUNCTION
VALUED AT
RS. 3,00,000/- ONLY
The
Plaintiff states as follows:-
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
the plaintiff is the absolute owner of the land measuring area about 16
decimals situated at under P.S.Sonarpur, Mouza-Joykrishnapur chiyari Gram, in
khatian no.480 and which are lying in dag no.2314 land measuring 7 decimal out
of 12 decimal, in dag no.2312 land measuring 1 decimal out of 4 decimal, in dag
no.2316 land measuring 3 decimal and in
dag no.2325 land measuring 5 decimal and the plaintiff is the absolute owner of
the afore said land by way of one gift deed which was executed by Rawjatannesa
Bibi, plaintiff’s grandmother in the year of 2003.
3. That one Moksed Ali Piada by executing a
Heba-Bill-Ewaj in favour of his wife Nesarenechha Bibi on 17.11.1954 and said
Nesarenechha Bibi while possessing the same executed a Heba-Bill-Ewaj in favour
of her daughter Rawjatannesa Bibi on 02.03.1970 and said Rawjatannesa Bibi
transfer the schedule land by executing a registered gift deed in favour of the
aforesaid plaintiff on 22.09.2003 and where the registered gift deed no. is 7477
for the year 2003, volume no. 131, page 359 to 364, book no. 1 dated
22.09.2003.
4. That after the plaintiff is the absolute
owner of the schedule property which is mentioned below and he is in absolute
physical possession in respect of the schedule property and has been enjoying
the same by paying necessary taxes and duty in the officer of the appropriate
authority.
5. That
the plaintiff is residing in the property by making a dwelling house over his
possessed land and is possessing, enjoying and occupying the said land, since
22-09-2003.
6. That
the defendant has got no right, title, interest and possession over the suit
land.
7. That
the defendant is the son-in law of Rawjatannesa Bibi and he also get some land from his mother-in law by a
sale deed but your defendant has no right title over the schedule property and
he has no connection of the schedule property by any manners but his intention
was bad because he always try to grab the plaintiff’s property by illegal way.
8. That
at the time of demarcating the land by erecting boundary wall the defendant
raise objection and restrained your plaintiff dangerously with filthy language
whereas the defendant has no locus stand over the schedule property.
9. That
after your plaintiff filed a Title Suit being no. 4 of 2006 before the 2nd
Civil Judge (Jr.Division), Baruipur, for partition on his 07 decimal lands
because that time the defendant arose a dispute on 07 decimal of land. After
taking evidences and peruse the documents the Ld. Court passed the order “that
the suit be and same is hereby decreed on contest against the defendant with
cost in preliminary form. The plaintiff get a decree of partition in
preliminary form in respect of his 07 decimals of land in suit plot no. 2314
out of 12 decimal …, And the parties are hereby directed to make amicable
partition of the suit property in terms of their respective share within two
months from the date of order failing which appropriate application for making
the decree final can be made.
10. That
after when your plaintiff again try to
demarcating the land by erecting boundary wall as per the Ld. Court
order the defendant and his associate was came to the spot with bamboo stick
for restrained your plaintiff to do their work and the defendant also
threatened to murder to your plaintiff and his family members.
11. That
the defendant has bad intention and for that reason he made one forge
unregistered sale deed where he reflected that he is the owner of 38.5 decimal
land but it is very whimsical because his mother-in-law Rawjatannesa Bibi in her turn she executed lot of
deed in the year 1984,1998 and 2003 and in every deed she put her left thumb
impression but the sale deed which has been shown by the defendant is fully
different because where the Rawjatannesa Bibi put her signature on the said
sale deed i.e. quit impossible.
12. 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 occupy the hole land including the portion of the
plaintiff’s land but when the Rawjatannesa
Bibi transfer the scheduled land i.e.16 decimal in favour of your plaintiff
and for that reason the defendant becomes angry and now he will take revenge.
13. The plaintiff tried to settle up the dispute
and made various request to the defendant to stop creating disturbance to the
free egress and ingress of the plaintiff in his own scheduled property and not
to restrained him for construct the boundary wall but in every time the
defendant refuse your plaintiff request with filthy language and still now he
restrained your plaintiff to enter his own property by illegal way and day by
day his wrongful act has increase.
14. That
on 06.05. 2015 when plaintiff tried to
enter his own property i.e. scheduled land the defendant obstruct him illegally
whereas your defendant has no right, title and interest over the suit property
because he want to occupy and grab the suit property illegally and his status
is like a tress passer.
15. That
after the plaintiff informs the matter to the local P.S. Sonarpur by a written
complaint and the said complaint duly received by the said P.S. dated 06.05.2015, but the defendant did not
bother to stop his wrongful act whereas day by day his wrongful act is going to
be increased.
16. That the plaintiff peaceful possession is
being threatened with dispossession and as such in order to permanent
injunction restraining the defendant from disturbing the plaintiff peaceful
possession and dispossession forcibly from the said schedule land/ suit
property and further restraining the
defendant to stop creating disturbance to the free egress and ingress of the
plaintiff in his own scheduled property and not to restrained him for construct
the boundary wall over the scheduled property should be passed till disposal of
the suit.
17. That
the defendant by taking law in his hand is trying to oust the plaintiff from
the suit property and are constantly threatening the plaintiff with dire
consequences.
18. That
the plaintiff is a rustic poor citizen and if he is deprived of his possession
of the piece and parcel of land as described in schedule, he will suffer
irreparable loss and injury and will be seriously prejudiced.
19. That
the aforesaid facts done by the defendant and also continuing their illegal act
is the reason to dispossess the plaintiff from the suit property. And that also
in reason your plaintiff has declared that he is the absolute owner of the suit
property i.e. land measuring
area about 16 decimals situated at under P.S. Sonarpur, Mouza - Joykrishnapur
chiyari Gram, in khatian no. 480 and which are lying in dag no.2314 land
measuring 7 decimal out of 12 decimal, in dag no.2312 land measuring 1 decimal
out of 4 decimal, in dag no.2316 land measuring 3 decimal and in dag no.2325
land measuring 5 decimal, District- South 24 Parganas.
20. That the cause of action arose on 6 . 5 .2015 and the same is continuing at the
suit property i.e. land
measuring area about 16 decimals situated at under P.S.Sonarpur, Mouza - Joykrishnapur
chiyari Gram, in khatian no.480 and which are lying in dag no.2314 land
measuring 7 decimal out of 12 decimal, in dag no.2312 land measuring 1 decimal
out of 4 decimal, in dag no.2316 land measuring 3 decimal and in dag no.2325
land measuring 5 decimal, District- South 24 Parganas.
21. That the suit is valued of Rs. 3,00,000/- for
declaration and permanent injunction and advolram court fees has been paid there
on.
The Plaintiff prays for:
i)
A decree for declaration that the
plaintiff is an absolute owner of land
i.e. land measuring area about
16 decimals situated at under P.S. Sonarpur, Mouza-Joykrishnapur, chiyari Gram,
in khatian no.480 and which are lying
in dag no. 2314 land measuring 7 decimal out of 12 decimal, in dag no. 2312
land measuring 1 decimal out of 4 decimal, in
dag no. 2316 land measuring 3 decimal and in
dag no. 2325 land measuring 5 decimal, District- South 24 Parganas.
ii)
A decree for permanent injunction restraining
the defendant and their man agent from disturbing and/or encroach illegally to
the plaintiff’s
own land and from disturbing the peaceful possession of the suit property, in
any manner whatsoever.
iii) Restraining the defendant from creating disturbance
to the free egress and ingress of the
plaintiff in his scheduled land.
iv)
A decree for permanent injunction restraining
the defendants from changing the nature and character of the suit property in
any manner whatsoever.
v)
Costs
vi)
Any other legal or equitable relief or
reliefs the Plaintiff
is entitled to under law and equity.
SCHEDULE
ALL
THAT
piece and parcel of land measuring
area about 16 decimals situated at under P.S. Sonarpur, Mouza - Joykrishnapur
chiyari Gram, in khatian no.480 and which are lying in dag no. 2314 land
measuring 7 decimal out of 12 decimal, in dag no. 2312 land measuring 1 decimal
out of 4 decimal, in dag no. 2316 land measuring 3 decimal and in dag no. 2325
land measuring 5 decimal, District- South 24 Parganas.
Documents relied upon
by the plaintiff
1.
Xerox copy of gift deed dated
22.09.2003
2.
Xerox
copy of tax receipts.
3.
Xerox
copy of judgment and order dated 30.06.2007.
4.
Xerox copy complaint letter dated
VERIFICATION
I, Asgar Ali
Gazi, the plaintiff here in do hereby declare and state that the statements
contained in paragraphs 1 to 21 above are true to the best of my knowledge and
rest are my humble submission before the Ld. Court and I sign this verification
on at
advocate chamber.
AFFIDAVIT
I, Asgar Ali Gazi son of late Kasem Gazi, aged
about 40 years, by faith- Muslim, by occupation- business, residing at Joykrishnapur Piyada Para, P.O.
Bonhoogly, P.S.Sonarpur, Kolkata- 700
103, District- South 24 Parganas, , 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 21 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
Prepared
in my Chamber,
Advocate.
Date
: ________________2015.
Place
: Baruipur Civil Court.
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