DECLARATION
THIS DECLARATION IS MADE ON THIS THE
______DAY OF JANUARY’ 2024, AT SOUTH 24 PARGANAS, WEST BENGAL;
BETWEEN
SONARGAON
HOUSING CO-OPERATIVE SOCIETY LIMITED (PAN: AAOAS9384C), a
Society registered under the Bengal Co-operative Societies Act, 1940 (amended
time to time now amended as the West Bengal Co-Operative Societies Act, 2006),
being Registration No. 22/Cal of 1959, and having its Registered Office at
Sonargaon, Narendrapur Station Road, Post Office – Ramkrishna Pally, Police
Station – Narendrapur (formerly Sonarpur), Kolkata – 700150, District – South
24 Parganas, represented by its (i)
Vice Chairman SRI SUBHENDU SINHA
(PAN : ARJPS5024L, Aadhar No.: 672689120106), Son of Late Dibyndu Sinha, by
faith Hindu, by Occupation – Business, residing at Sonargaon Housing
Co-operative Society Limited, Narendrapur Station Road, Post Office Ramkrishna
Pally, Police Station – Narendrapur (formerly Sonarpur) Kolkata – 700150,
District – South 24 Parganas, (ii) Secretary, SRI SUBRATA GUHA, (PAN : AFDPG7962H, Aadhar No. : 718746275343),
Son of Late Sushil Chandra Guha, by faith Hindu, by Occupation Business,
residing at Premises being no. 18/2/3, Banerjee Para Road, Post Office –
Paschim Putiary, Police Station – Haridevpur formerly Thakurpukur, Kolkata –
700041, District South 24 Parganas, (iii) Treasurer, SRI DIPENDRA PAUL (PAN : AFNPP7982C, Aadhar No. : 559087637354),
Son of Late Debendra Chandra Paul, by faith Hindu, by Occupation Business,
residing at Sonargaon Housing Co-Operative Society Limited, Narendrapur Station
Road, Post Office – Ramkrishnapally, Police Station Narendrapur formerly
Sonarpur, Kolkata – 700150, District South 24 Parganas, hereinafter called and
referred to as “THE HOUSING SOCIETY”
(Which expression shall unless excluded by or repugnant to the subject or
context be deemed to mean and include its successors-in-office, executors,
administrators and assigns) of the FIRST
PART.
AND
(1)
DULAL
CHANDRA NASKAR, (PAN : ABWPN2282Q, Aadhar No. :
790811720258), Son of Late Lalit Mohan Naskar, by faith Hindu, by Occupation
Business, residing at Dakshin Chhayani Para, Rmakrishna Pally, Tegharia, Police
Station Narendrapur formerly Sonarpur, Kolkata – 700150, District South 24
Parganas, (ii) ASHIMA NASKAR, (PAN :
AEEPN1339K, Aadhar No.: 335298934502), Wife of Shri Dulal Chandra Naskar,
Daughter of Late Niranjan Sardar, by faith Hindu, by Occupation Business,
residing at Dakshin Chhayani Para, Rmakrishna Pally, Tegharia, Police Station
Narendrapur formerly Sonarpur, Kolkata – 700150, District South 24 Parganas,
(iii) APURBA NASKAR, (PAN : AMDPN4203H,
Aadhar No.: 347409942424), Son of Sri Dulal Chandra Naskar, by faith Hindu, by
Occupation Business, residing at Dakshin Chhayani Para, Rmakrishna Pally,
Tegharia, Police Station Narendrapur formerly Sonarpur, Kolkata – 700150,
District South 24 Parganas, (iv) ARPITA
NASKAR, (PAN : AMDPN4201F, Aadhar No. 886875046969), Daughter of Sri Dulal
Chandra Naskar, by faith Hindu, by Occupation Business, residing at Dakshin
Chhayani Para, Rmakrishna Pally, Tegharia, Police Station Narendrapur formerly
Sonarpur, Kolkata – 700150, District South 24 Parganas, hereinafter called and
referred to as the “OWNERS” (Which
expression shall unless excluded by or repugnant to the context be deemed to
mean and include their heirs, executors, administrators, successors, legal
representatives and assignees), of the SECOND
PART.
WHEREAS
the Sonargaon Housing Co-Operative Society Limited was established in the year
1959, with primary object to established on Co-operative basis, settlements for
persons with moderate income, by affording each settled facilities for owing a
house and ultimately to develop, as far as practicable the settlements so
established into self- sufficient
communities.
AND
WHEREAS in furtherance of the above the
Society shall, in conformity with the Act, rules and the Bye Laws, have power
to raise funds, to procure lands on purchase, hire or lease, to develop, to
sell, leave or let out lands or erect buildings, to pull down, repair, alter or
otherwise deal with such buildings; to purchase, hold, sell, exchange,
mortgage, rent lease, sub-lease, surrender, accept surrenders and otherwise
deal with land of its tenants and the buildings, thereon and to foster growth
of social, religious, recreate, educational institution and other institutions
contributing to the material and moral welfare of its members and generally to
do all such other things as are incidental or conducive to the attainment of
the above object of the society.
AND
WHEREAS the said Housing Co-operative Society
to fulfill the above mentioned object searched several plots of land in Mouza –
Tegharia, Kusumba, and Kamrabad, Police Station Narendrapur, formerly Sonarpur,
District South 24 Parganas, for purchase from the lawful owners of the land and
purchased the same with a view to absolutely seized and possessed those lands
and lawfully entitled to declare its boundaries with the adjacent land of the
others neighbor land in Mouza – Tegharia, Kusumba, and Kamrabad, within the
said Narendrapur Police Station formerly Sonarpur, District South 24 Parganas,
amongst the adjacent land Owners and /or the Owners of Land in neighbor to the
Land of the said Housing Society, for the better particulars of boundaries of
the Land belongs to the said Housing Society as well as to the adjacent land
owners or the owners in the neighbor, nearby and /or surrounding of the lands
belongs to the said Housing Co-Operative Society.
AND
WHEREAS one Phanindra Lal Bhattacharya of
Premises being no. 10, D.L. Roy Street, P.S. Amherst Street, Kolkata was the
original recorded owner in respect of 65 Decimal out of 101 Satak Shali Land in
R.S. Dag No. 24 and 39 Decimal out of 60 Decimal Shali, Land in R.S. Dag
No. 355
in Mouza-Teghori,
R.S. No. 126,
Touzi No. 294,
J. L. No. 52, R.S. Khatian No. 169, while possessing the said land for want of money sold transferred and conveyed unrestricted right title and interest and handedover peaceful vacant possession of the said land for ever infavour of Sri Anukul Chandra Naskar, son of Late Akshay Kumar Naskar of Village Teghori, P.S.- Sonarpur, District - 24 Parganas vide a registered Sale Deed
dated 22.02.1957 duly registered in the Office of the Sub-Registrar at Baruipur entered in Book No. 1, Volume No. 19 Pages 94 to 96 being, Decd No. 953 for the year 1957.
AND WHEREAS after the said purchase said Anukul Chandra Naskar while possessing the said land peacefully without any interference from entrance for any corner whatsoever for want of money sold transferred and conveyed unrestricted right title and interest and handedover
peaceful vacant possession. forever
in respect
of 65 decimal
Sali land in R.S. Dag
No. 24 and 10 1/3rd decimal Shali Land in R.S. Dag No. 355 in favour of Sonargaon Housing Co-operative Society Limited, 27, S.R. Das Road, Kolkata-700026 presently situated at Sanargaon, Teghori Naredrapur Station Road,
Post Office-Ramkrishnapally, P.S.-Narendrapur
formerly Sonarpur, Kolkata – 700150, District South 24 Parganas, by a
Registered Deed of Conveyance dated 16.07.1968, duly registered in the office
of the ADSR Sonarpur duly entered in Book No. 1, Volume No. 21, Pages 147 to
150, Being Deed No. 1235 for the year 1968.
AND WHEREAS one Amanat Ali Laskar, son of Late Tehar Ali Laskar
of Village - Chaila Saha Para, Police Station-Sonarpur, District - 24 Parganas was the recorded owner in respect of 36 satak out of 101 satak Shali Land in R.S. Dag No. 24 and 21 Satak out of 60 satak Shali Land in R.S. Dag No. 355 under Mouza - Teghori, R.S. No. 126 Touzi-294, J. L. No. 52, R.S. Khatian No. 169, while possessing the said land peacefully free from all encumbrances, for want of money said Amanat Ali Laskar sold transferred and conveyed unrestricted right title and handed over peaceful vacant possession in respect of 36 Satak shali land in R.S. Dag No. 24 in favour of Kapil Chandra Halder, son of Late Mahendra Nath Halder of Village - Tapukuria, Police Station -Mograhat, District - 24 Parganas (South) vide registered Deed
of Sale dated 02.08.1963 registered
in the office
of the Sub-Registrar
Baruipur entered in Book No. 1, Volume No. 118, Pages 89 to 92 being Deed No. 9237 for the year 1963.
AND WHEREAS after the said purchase said Kapil
Chandra Halder while possessing the said 36 satak shali land in R.S. Dag No. 24 peaceful
without any interference
from any
corner whatsoever for want of cash money sold transferred and conveyed unrestricted right title
and interest and handed
over peaceful vacant possession for ever in respect of 19 Satak Shali land out of his purchased 36 Satak Shali Land in R.S. Dag No. 24, Mouza Teghori, R.S No. 126, Touzi No. 294, J. L. No. 52, R.S. Khatian No. 169
infavour of
Smt. Jharna Majumder, wife of Arabinda Majumder of 9, Moharaja Thakur Road, Kolkata - 700031 vide registered Deed of Sale dated 25.04.1966 duly registered in the Office of the Sub-Registrar Baruipur, entered in Book No. 1, Volume No. 69 Pages from 153-155, being Deed No. 5214 for the year 1966.
AND WHEREAS after the said purchase said Jharna Majumder, wife of Arabinda Majumder while possessing the said Land measuring 19 Satak in R.S. Dag No. 24 peacefully without any interference from any corner whatsoever for want of cash money sold transferred and conveyed unrestricted right title interest and handedover peaceful vacant possession for ever in respect of 18.5 Satak Shali Land out of her purchased 19 satak Shali Land in R.S.Dag No. 24, Mouza-Teghori, R.S. No. 126, Touzi No. 294, J. L. No. 52, R.S. Khatian No. 169, in favour of Sonargaon Housing Co-Operative Society Ltd. vide registered Deed of Sale dated 10.04.1968, registered in the office of the A.D.S.R.
Sonarpur, entered in Book No. 1, Volume No. 12, Pages 81-83, being Deed No. 558 for the year 1968.
AND WHEREAS Sonargaon Housing Co.-Operative Society Ltd., a society registered under the Bengal Co.- operative Society Act, 1940 ( Since repealed and replaced time to time and lastly by the West Bengal Co.-operative Societies Act 2006) being Registration No. 22/cal of 1959, and having its registered office at Sonargaon, Narendrapur Station
Road, Post Office : Ramkrishnapally, Police Station : Narendrapur earlier Sonarpur, District: South 24 Parganas, Kolkata - 700 150.
purchased various lands in Mouza - Kusumbe, Teghori and Kamrabad vide various registered Sale Deeds from the lawful owners including 84 Satak Sali land under R.S. Dag No. 24, R.S. Khatian No. 169, J.L. No.52, Touzi No. 126, R.S. No. 294, Mouza: Teghori, Police Station: Narendrapur earlier
Sonarpur, under the
then Sub-Registry office Baruipur thereafter Additional District Sub-Registrar office Sonarpur now Garia, District: the then 24 Parganas now South 24 Parganas from the lawful Owners.
AND WHEREAS after purchasing the various landed property from the lawful owner as aforesaid the said Sonargaon Housing
Co-operative Society
Ltd. in pursuance
of its objects
of developing the
said area
for its members, effected improvement thereon by filling earth and layout 12 ft. to 25 ft. wide common passage respectively and divided the whole area of land into separate Blocks and prepared lay out plan for each Block as well as the bigger plots were also divided into several small plots measuring 2 to 3 Cottas (approx) to allot and transfer the same amongst the members of the said
Co-operative Society during such division of big plots into several small plots admeasuring
an area about
2 to
3 Cottahs, some strip of lands measuring less than 1 (one) Cottah was also found which could not be allotted in favour of any member for construction of residential house as such those small strip of land were marked for construction
of shops for allotment to the persons/members
who are interested. The Board of Directors of the said
Co-operative society determined or settled the price of land according to the ratio of cost and expenses for
the land of each Block
subsequent to
that, the said Sonargaon Housing Co-operative Society Ltd. declared to transfer the said plots amongst its members and the interested persons after admitting them as member of the society on allotment basis.
AND WHEREAS after the said allotment of lands in respect of R S. Dag No. 24, R. S. Khatian No. 169 to the members of the Society, the said members do not mutated their names in respect of their plots of land. The First Part herein made an application for mutation before the Block Land and Land Reforms Officer, Sonarpur,
being Mutation Case
No. 6770
of 2007 for recording
its name in respect of
R.S. Dag No. 24, Mouza
- Teghori, J.L. No.
52, Khatian No
159,
but the said application
was rejected
on the ground that in a suo-moto Mutation Case No. 81/04 by an order dated 25.11.2004 name of Yar Ali Mullick has been recorded on the basis of Deed No. 7040, dated 22.03.1960. Challenging the said order a statutory appeal was
filed by the Society before the Appellate Authority being Appeal No. 43 / 2010. The
said appeal was allowed by the Appellate Authority vide order dated 14.12.2011, by setting aside the order dated 25.11.2004 with an observation that the Vendor
and Vendee and land
schedule of Deed
No. 7040 produced
by the Society
is different
with the Deed No.
7040 produced by Yar Ali Mullick and
R.S. Khatian
No. 169 produced by Yar Ali
Mullick is not original. Matter was remanded back to the Block Land & Land Reforms Officer for
fresh consideration.
AND WHEREAS taking advantage of such wrong recording one Sushi Bhusan Mandal also recorded his name in the record of right in R.S. Dag No. 24, R.S. Khatian No. 169, corresponding L.R. Dag
No. 24 and L.R.
Khatian No.
4532 on the basis of the Sale Deed of 1982 measuring 4 Sataks land but it appears from the Series of Deeds as mentioned above that entire lands of R.S. Dag No. 24 has been purchased by the Society on or before 1968. So recording the name of Sashi Bhusan Mandal on the basis of Deed of 1982 does not find any room and same is not
tenable in the eye of law and is not sustainable.
AND WHEREAS the said DULAL CHANDRA
NASKAR, purchased the Land measuring about 31 ( Thirty one )
Cottahas 2 ( Two ) Chhitacs ( more or less ) at
Mouja – Tegharia, R.S. and L.R. Dag no. 24, Khatian no. 552, under the
jurisdiction of Ward no. 8, of the Rajpur – Sonarpur Municipality, Police
Station – Sonarpur, District – South 24-Parganas, Kolkata – 700 150, through
the Deeds, (a) Deed no. 05364 for the year 2011, registered in Book no. I, CD
Volume no. 18, Pages from 1713 to 1722, registered at District Su-Registrar –
IV, South 24-Parganas, Alipur District Registry Office, West Bengal; (b) Deed
no. 05366 for the year 2011, registered in Book no. I, CD Volume no. 18, Pages
from 1733 to 1742, registered at District Su-Registrar – IV, South 24-Parganas,
Alipur District Registry Office, West Bengal; (c) Deed no. 05365 for the year
2011, registered in Book no. I, CD Volume no. 18, Pages from 1723 to 1732,
registered at District Su-Registrar – IV, South 24-Parganas, Alipur District
Registry Office, West Bengal, and taken physical possession enjoying its
severability since then without any hindrances and obstructions, so far. Subsequently,
the said Owner DULAL CHANDRA NASKAR, transferred the said Land in different
Plot to (i) ASHIMA NASKAR, (ii) APURBA NASKAR, and (iii) ARPITA NASKAR, by way
of Registration by different Deed and thus the said (i) ASHIMA NASKAR, (ii)
APURBA NASKAR, and (iii) ARPITA NASKAR, are the present Owners in the said
Land, who peacefully enjoy the said Property.
AND WHEREAS the SECOND PARTY is the
lawful owner of the Land measuring about 31 ( Thirty one )
Cottahas 2 ( Two ) Chhitacs ( more or less ) at
Mouja – Tegharia, R.S. and L.R. Dag no. 24, Khatian no. 552, under the
jurisdiction of Ward no. 8, of the Rajpur – Sonarpur Municipality, Police
Station – Sonarpur, District – South 24-Parganas, Kolkata – 700 150, and record
of right has duly been prepared in the name of the respective owners stated as
the SECOND PARTY, in respect of the Land acquired lawfully by them.
AND WHEREAS the FIRST PARTY herein
accepted and confirmed the Title, Rights, & Interest of the SECOND PARTY,
in respect of the said Land measuring about 31 ( Thirty one )
Cottahas 2 ( Two ) Chhitacs ( more or less ) at
Mouja – Tegharia, R.S. and L.R. Dag no. 24, Khatian no. 552, under the
jurisdiction of Ward no. 8, of the Rajpur – Sonarpur Municipality, Police
Station – Sonarpur, District – South 24-Parganas, Kolkata – 700 150.
AND WHEREAS The FIRST
PARTY hereby confirmed and undertake to withdraw the Title Suit No. 348 of
2017, instituted by the First Party herein against (1) Amanat Ali Laskar, (2)
Anukul Chandra Naskar, (3) Kapil Chandra Halder, (4) Dulal Chandra Naskar, (5)
Smt. Namita Das, (6) Soumendra Nath Dutta (Died), (7) Smt. Ira Dutta, (8) Sudip
Dutta, (9) Arnab Dutta, (10) Smt. Jayita Das, (11) Arpita Naskar, (12) Apurba
Naskar, and (13) Ashima Naskar, which has originally registered as Title Suit
No. 121 of 2013. The said Suit is presently pending before the Learned Civil
Judge (Senior Division), 2nd Court, South 24 Parganas, at Baruipur
Civil Court Premises. The said Suit has been lodged by the FIRST PARTY due to
owing some misunderstanding against the Persons including the SECOND PARTY. The
said Suit has no cause owing to succeed in its entirety and proprietary,
against the Persons including the SECOND PARTY.
AND WHEREAS The FIRST
PARTY hereby confirmed and undertake to withdraw it’s objection if any before
any Govt. Authority and /or B.L. & L.R.O., raised ever against the said
persons and the SECOND PARTY, herein. If require the FIRST PARTY herein endorse
necessary “NO OBJECTION” favouring the SECOND PARTY, herein in respect of the said Land
measuring about 31 ( Thirty one ) Cottahas 2 ( Two ) Chhitacs ( more or less )
at Mouja – Tegharia, R.S. and L.R. Dag
no. 24, Khatian no. 552, under the jurisdiction of Ward no. 8, of the Rajpur –
Sonarpur Municipality, Police Station – Sonarpur, District – South 24-Parganas,
Kolkata – 700 150.
AND WHEREAS The FIRST
PARTY hereby confirmed and undertake to accept the Lawful OWNERSHIP of the
SECOND PARTY, in respect of the said Land measuring about 31 ( Thirty
one ) Cottahas 2 ( Two ) Chhitacs ( more or less ) at Mouja – Tegharia, R.S. and L.R. Dag no. 24,
Khatian no. 552, under the jurisdiction of Ward no. 8, of the Rajpur – Sonarpur
Municipality, Police Station – Sonarpur, District – South 24-Parganas, Kolkata
– 700 150.
IN WITNESS WHEREOF
the parties have hereunto set and subscribed their respective hands on the day,
month, and year first above written.
SIGNED SEALED AND DELIVERED
By the Parties hereto at South 24 Parganas
In the presence of;
SIGNATURE OF THE FIRST PART
SIGNATURE OF THE SECOND PART
WITNESSES;
1.
2.
Drafted
and Prepared in my Chamber;
Ashok
Kumar Singh, Advocate
High
Court Bar Association Room No. 15,
High
Court Calcutta,
Mobile
: 9883070666, 9836829666;
Email
: aksinghadvocate@rediffmail.com
THIS
DECLARATION IS MADE ON THIS THE ______DAY OF JANUARY’ 2024, AT SOUTH 24
PARGANAS, WEST BENGAL
BETWEEN
SONARGAON HOUSING CO-OPERATIVE SOCIETY LIMITED,
_________THE HOUSING SOCIETY
AND
(1) DULAL CHANDRA NASKAR;
(2) ASHIMA NASKAR;
(3) APURBA NASKAR;
(4) ARPITA NASKAR;
____________________THE OWNERS
DECLARATION
Drafted and Prepared
in my Chamber;
Ashok Kumar Singh, Advocate, High Court
Bar Association Room No. 15, High Court Calcutta, Mobile : 9883070666, 9836829666;
Email : aksinghadvocate@rediffmail.com
