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 14th 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 1/5th
share on the said property and jointly enjoying and possessing the said
property.
- 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 1/5th 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 1/5th share of
property morefully described in the schedule hereunder written.
- 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 1/5th 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 2/5th share of property
morefully described in the schedule hereunder written.
- 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 1/5th 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
2/5th share of property morefully described in the schedule
hereunder written.
- That
the Plaintiff No- 1 and Plaintiff No-2 jointly become owners of 3/5th
share of land and structure standing thereon morefully described in the
schedule hereunder written.
- 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.
- 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.
- 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.
- 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.
- That the plaintiff
accordingly called upon the defendant,
on 01-06-2012, to effect
partition, but he refused to do so.
- That
the plaintiffs submits that the defendant have been obstructing this plaintiffs in their enjoyment of the
suit property.
- 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.
- 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.
- 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.
- 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.
- 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.
- Accordingly the plaintiff claims for
partition of the schedule property by mates and bound.
- 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.
- 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.
- That the Suit property
is situate within the local limits of the jurisdiction of this Court, and hence, this
- 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 3/5th 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.
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
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
- Deed
being no. 08179 for the year 2010.
- Deed
being no. 07469 for the year 2009.
- L.R.
Parcha.
- Khaznda
Dakhila.
- Deed
no. 10355 for the year 2009.
- Advocate’s
Letter dated 26-06-2012.
- 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.
