ASHOK KUMAR SINGH

Saturday, November 25, 2023

Deed of Partition

DEED OF PARTITION

THIS DEED OF PARTITION is made this day of 2014

BETWEEN

SMT. RENUKA SENGUPTA wife of late Prabir Ranjan Sengupta, by faith Hindu, residing at 45, Sreerampur North, Kolkata- 700084 and SMT.SUDESHNA MAJUMDER( nee Sengupta) wife of Sri Pinaki Majumder, by faith Hindu, residing at 45, Sreerampur North, Kolkata- 700084 one of the co-owners of the ONE PART.

AND

SRI PRABHASH RANJAN DASGUPTA son of late Ramani Ranjan Dasgupta, by faith Hindu, residing at flat no.8, Block-B of Ananda Abasan,229, R.B.C.Road, Kolkata-700028 and SMT. SARMISTHA SENGUPTA (nee Dasgupta) wife of Sri Partha Pratim Sengupta, by faith Hindu, residing at Flat no. 302, joy Complex, 12H, Baisnabghata Lane, Naktala, Kolkata-700047 the other co-owners of the OTHER PART.

WHEREAS the parties are the joint owners of the property comprised an area of 3(Three) cottahas 14(Fourteen) chittacks 22(Twenty two) Sq.ft. be little more or less appertaining to R.S.Dag nos.1076 and 1078, R.S.Khatian nos. 711 and 712 formerly C.S. Dag nos.1076 and 1078, Khatian nos.184 and 400 of Mouza- Baisnabhghata, J.L.no. 28, Pargana-Khaspur, P.S.-Jadavpur, Touzi nos. 151 and 152 under the collectorate, District- South 24 Parganas, which is known and numbered as Premises No. 14, Sreerampore North, P.S. Jadavpur, Kolkata- 700084 which was purchased by late Sudharani Sengupta from Smt.Rohinibala Dutta by one registered deed conveyance being no.2676, book no.1, volume no. 34, pages 252 to 257, in the year 1959 at the sub registered office, Alipore.

AND WHEREAS the said late Sudharani Sengupta after her purchased constructed one storied building thereon and during her life time she lived together with her husband Arun kumar Sengupta since deceased, her son Prabir Ranjan Sengupta and her daughter Smt. Manidipa Dasgupta alias Sengupta.

AND WHEREAS said Smt.Manidipa Dasgupta alias Sengupta died on 31^st October,1986 leaving behind her husband Sri Prabhas Rangan Dasgupta and her daughter Smt. Sarmishta Sengupta (neeDasgupta).

AND WHEREAS late Sudharani Sengupta left behind her legal heirs i.e.Sri Prabir Ranjan Sengupta(son), Sri Prabhas Rangan Dasgupta(daughter-in-law) and Smt. Sarmishta Sengupta (neeDasgupta)(grand daughter) and they were made one Development Agreement on 30^th September,1992 with Smt. Rina Poddar the Developer for developing their property.

AND WHEREAS the said developer developed and constructed a building as per sanctioned plan over the said property and after completion of the said building handed over the two flat in favour of the owners as per owners allocation i.e. Sri Prabir Ranjan Sengupta get Flat no.6, measuring about 750 sq.ft.,south-west on 2^nd floor, at premises no. 14,Sreerampore North,Garia, P.S. Jadavpur, Kolkata-700084 and Sri Prabhas Rangan Dasgupta(daughter-in-law) and Smt. Sarmishta Sengupta (nee Dasgupta)(grand daughter) get another Flat no. measuring about 750 sq.ft., south facing on 1^st floor, at premises no. 14,Sreerampore North,Garia, P.S. Jadavpur, Kolkata-700084.

AND WHEREAS said Sri Prabir Ranjan Sengupta died on 30^th May,2005 and left behind his successor namely Smt. Renuka Sengupta(wife) and Smt.Sudeshna Majumder( nee Sengupta) his daughter.

AND WHEREAS said Smt. Renuka Sengupta(wife) and Smt.Sudeshna Majumder( nee Sengupta) daughter of the deceased Prabir Ranjan Sengupta are the owner of the Flat no.6, measuring about 750 sq.ft.,south-west on 2^nd floor, at premises no. 14,Sreerampore North,Garia, P.S. Jadavpur, Kolkata-700084 and Sri Prabhas Rangan Dasgupta(daughter-in-law) and Smt. Sarmishta Sengupta (nee Dasgupta)(grand daughter) get another Flat no. measuring about 750 sq.ft., south facing on 1^st floor, at premises no. 14,Sreerampore North,Garia, P.S. Jadavpur, Kolkata-700084 are the joint owners of the said two Flat and they also muted their name in Kolkata Municipal Corporation where the assessee No. 311101302822.

AND WHEREAS that the said Smt. Renuka Sengupta and Smt.Sudeshna Majumder( nee Sengupta) will accept the property mentioned in the First Schedule and Sri Prabhas Rangan Dasgupta and Smt. Sarmishta Sengupta (nee Dasgupta) will accept the property mentioned in the Second Schedule and properties were valued equally.

AND WHEREAS the parties hereto are the joint owners of the property comprised in the schedules hereto as absolute co-owners.

AND WHEREAS the parties have agreed to have the same partitioned and divided by metes and bounds for better enjoyment and effective control and dealings of their respective shares.

NOW IT IS HEREBY AGREED by and between the parties as follows:-

1. That in pursuance of the said agreement and in consideration of the absolute ownership acquired by the parties in respect of the allotments hereunder made under and by virtue of mutual transfers and releases hereunder effected, the said Sri Prabhas Rangan Dasgupta and Smt. Sarmishta Sengupta (nee Dasgupta) hereby and hereunder grant,convey,transfer assure,assign,confirm and release unto the said Smt. Renuka Sengupta and Smt.Sudeshna Majumder( nee Sengupta) ALL THAT the property set forth in the First Schedule hereto together all areas, sewers, drains, water, water courses, lights, liberties, easements, appendages and appurtenances whatsoever so as to constitute the said Smt. Renuka Sengupta and Smt.Sudeshna Majumder( nee Sengupta) the sole and absolute owner of the property comprised in the said First Schedule freed and discharged from all rights in common and all claims, demands whatsoever of the parties of the other parts concerning the same and TO HAVE TO HOLD the same absolutely and for ever in fee simple in severalty against the said Sri Prabhas Rangan Dasgupta and Smt. Sarmishta Sengupta (nee Dasgupta).

2. That in pursuance of the said agreement and in consideration of the absolute ownership acquired by the parties in respect of the allotments hereunder made under and by virtue of mutual transfers and releases hereunder effected, the said said Smt. Renuka Sengupta and Smt.Sudeshna Majumder( nee Sengupta) hereby and hereunder grant,convey,transfer assure,assign,confirm and release unto the said Sri Prabhas Rangan Dasgupta and Smt. Sarmishta Sengupta (nee Dasgupta) ALL THAT the property set forth in the Second Schedule hereto together all areas, sewers, drains, water, water courses, lights, liberties, easements, appendages and appurtenances whatsoever so as to constitute the said Sri Prabhas Rangan Dasgupta and Smt. Sarmishta Sengupta (nee Dasgupta) the sole and absolute owner of the property comprised in the said Second Schedule freed and discharged from all rights in common and all claims, demands whatsoever of the parties of the other parts concerning the same and TO HAVE TO HOLD the same absolutely and forever in fee simple in severalty against the said Smt. Renuka Sengupta and Smt.Sudeshna Majumder( nee Sengupta).

3. The documents of title relating to the property shall be retained by the said Smt. Renuka Sengupta and Smt.Sudeshna Majumder( nee Sengupta), who shall enter into a covenant in favour of Sri Prabhas Rangan Dasgupta and Smt. Sarmishta Sengupta (nee Dasgupta) as to their production and delivery of copies thereof and an undertaking for safe custody.

That no party shall be entitled to any easements or quasi easements over the allotments made to the other parties which are all hereby extinguished.

5. Each party shall enter upon their respective allotments and hold, possess and enjoy the same in severalty absolutely against each other without any claim, demand or interruption whatsoever.

6. Each party shall, at the request and cost of the other parties, do execute and perform or cause to be done, executed and performed all and every such acts, deeds and things or writings whatsoever as may be required for further better and more perfectly assuring the allotments hereunder made or for rectification of any error or omission.

7. This partition shall not be reopened nor challenged under any circumstances by reason of any error or omission whatsoever, but the parties shall execute and register such further deed or deeds or writings as may be necessary to rectify the error or errors or implement the omission or commissions.

8. The Deed of Partition shall be executed in duplicate and all the costs, charges and expenses of and incidental to this agreement and the partition to be made in pursuance before shall be borne and paid by the said Smt. Renuka Sengupta and Smt.Sudeshna Majumder( nee Sengupta) and Sri Prabhas Rangan Dasgupta and Smt. Sarmishta Sengupta (nee Dasgupta) in equal shares.

The First Schedule above referred to

Smt. Renuka Sengupta and Smt.Sudeshna Majumder( nee Sengupta)

ALL THAT complete flat super build up area measuring 750 sq.ft. Flat no.6, at the 2nd floor towards south-west facing of the building containing 2(Two) Bed rooms, 1(One) Dining, 1(One) Kitchen,2(Two) Toilet, 1(One)store room with varandha at premises no. 14,Sreerampore North,Garia, P.S. Jadavpur, Kolkata-700084, K.M.C.assessee No. 311101302822 along with the undivided impartibly proportionate share of interest of the land of the said property and all the common areas, facilities areas faces profit and all other common maintenance and management charges and shown and delineated in the RED Border in a map annexed hereto.

The Second Schedule above referred to

Sri Prabhas Rangan Dasgupta and Smt. Sarmishta Sengupta (nee Dasgupta)

ALL THAT complete flat super build up area measuring 750 sq.ft. Flat no. , at the 1^st floor towards south facing of the building containing 3(Three) Bed rooms, 1(One) Dining, 1(One) Kitchen,2(Two) Toilet with varandha at premises no. 14,Sreerampore North,Garia, P.S. Jadavpur, Kolkata-700084, K.M.C.assessee No. 311101302822 along with the undivided impartibly proportionate share of interest of the land of the said property and all the common areas, facilities areas faces profit and all other common maintenance and management charges and shown and delineated in the GREEN Border in a map annexed hereto.

IN WITNESS WHEREOF the parties hereto have executed these presents in duplicate on the day, month and year first above – written.

WITNESSES :

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Signature of the One Part

Smt. Renuka Sengupta and

Smt.Sudeshna Majumder( nee Sengupta)

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Signature of the Other Part

Sri Prabhas Rangan Dasgupta and

Smt. Sarmishta Sengupta (nee Dasgupta)

Drafted by:

Snehasish Sutradhar

Advocate

Alipore Judges Court

Kolkata- 700027

Computer Print by :

Jay Mataji Print

Alipore Judges Court

Kolkata- 700027

Complaint Case

In the Court of the learned Addl. Chief Judicial Magistrate at Bidhannagar

Complaint Case No. Of 2015

In the matter of:

An application for receive the original

P.S. Lake Town complaint u/s 138 N.I.Act, along with

Court fees, documents and copy of order

dated 02.02.2015 passed by the Ld.8^th J.M.

Alipore.

AND

In the matter of:

Sri Biswanath Bose

S/o late Bimal Bose

Prop.M/S.Rekha Electric

Regd.office: 68,Kalitala Main Road

P.O.Laskarpur,P.S. Sonarpur

Kolkata- 700153

District- South 24 Parganas

…………. Complainant

- Versus –

1. Sri Kalyan Banerjee

S/o late Animesh Banerjee

Director of company:

M/S.Mayfair Vincom Pvt.Ltd.

Regd.office: 127, Bangur Avenue

Block-A, P.O. Laketown

P.S. Laketown

Kolkata- 700055

…………….Accused

The humble petition of the above named

Petitioner/ complainant Sri Biswanath Bose

Most respectfully Sheweth :

1. That your petitioner filed one complain case under section 138 N.I.Act before the Ld. 8^th J.M.Court at Alipore, against the above name accused.

2. That after complete the essay the case was fixed on 02.02.2015 for appearance and plea.

3. That after perused the petition of complaint the Ld. Court reveals that the cheque was issued on Bank of India, Bangur Avenue Branch, which is not within the jurisdiction of 8^TH J.M.Court, Alipore, having regard to the decision of Hon’ble Apex Court in Dashrath Roop Singh Rathor –Vs- State of Maharastra & Another in Crl. Appeal no. 2287 of 2009.

4. That the Ld. 8^th J.M.Court at Alipore, return the petition of complaint along with court fees and documents for presenting the same before your Honours Court because as per the P.S. Laketown this court has been proper jurisdriction.

5. That the application is made bona fide and for the interest of justice.

It is therefore prayed that your Honour would

graciously be pleased to receive the original

complaint along with court fees and documents

with a copy of order dated 02.02.2015 and allow to

proceed the case before your Honours Court or to pass

such other order or orders as your Honour may

deem fit and proper for the ends of justice.

And for this act of kindness your petitioner as in duty bound and shall ever pray.

Verification

I, Sri Biswanath Bose, within named complaint, do hereby solemnly affirm and declare that the above made statements are true to the best of my knowledge and belief and I am verifying this instant application as on 3^rd February, 2015, at the advocate chamber.

AFFIDAVIT

I, Sri Jiban Chakraborty, son of Naryan Chakraborty, aged about 58 years, by faith Hindu, by occupation Retired person, residing at Rabindra Nagar,Laskarpur, P.O. Laskarpur, P.S. Sonarpur, Kolkata-700153, District South 24 Parganas, do hereby solemnly affirm and say as follows :

1. That I am competent to swear this affidavit.

2. That I am placing this application under Section 200 Cr.P.C. before the Learned Court, for first time, and no other application has ever been placed and or filed before the Learned Court, on in any other Court, on the self same set of facts.

3. That the cause of action for the present proceedings under section 200 Cr.P.C. for the offences committed to be punishable under section 148,149,324,307 and 506 of Indian Penal Code’ 1860 as amended up- to- date, has been arisen within the jurisdiction of the Learned Court, which falls in the territory of the Sonarpur Police station.

4. That above made statements are true to my knowledge and belief.

Prepared in my chamber

Advocate

Date :

-----------------------

Deponent

Identified by me

Advocate

Caveat

District – South 24 Parganas (South)

In the Court of Learned District Judge at Alipore

Caveat Case No- of 2015

In the matter of:-

An application under Section 148A

of the Code of Civil Procedure.

AND

In the matter of:-

Sri Pradip Ghosh

Son of late Bansidhar Ghosh

Residing at 11/A,Nabapally,

Near Nutan Bazar,Bansdroni,

P.S.-Regent Park,Kolkata-700070

….Caveator

The District Judge at Alipore

Kolkata-700027.

Sir,

Let nothing be done in respect of any Miss. appeal, revision,

or stay application particulars of which are given below without

due notice to the Caveator.

Dated: 03.02.2015 Yours faithfully

(Snehasish Sutradhar)

Advocate

1. Name and address of : Sri Pradip Ghosh

the Caveator Son of late Bansidhar Ghosh

Residing at 11/A,Nabapally

Near Nutan Bazar,Bansdroni,

P.S.-Regent Park,Kolkata-700070

2. Name and address of : Snehasish Sutradhar, Advocate

the Advocate for Bar Library-7,

service of the notice 1^st floor, Judges Court.

upon the caveator

3. Name and address of : Sri Ranjan Debnath

the Opposite Parties/ son of Jitendranath Debnath

Caveatees P-52,Ramkrishna Pally,

Bansdroni,

P.S.-Regent Park,Kolkata-700070

4. Nature of suit/proceeding : Any Miss.Appeal, Revision, stay,

and cause title thereof etc. against the Caveator in respect

if instituted of order no.4, dated 30.03.2011

passed by Ld. 1^st Civil Judge

(Jr.Division),Alipore regarding

Title Suit No.423 of 2011which

is pending before Ld. 1^st Civil

Judge (Jr.Division),Alipore.