In the Court
of the Learned 5th Civil Judge (Junior Division) at Alipore,
South
24 Parganas
Ref:-
Title Suit No. 1606 of 2024
In the matter of;
Sri Rajkumar Gupta
......Plaintiff
-Versus-
Sri Shambhu Singh,
and Others
.....Defendants
Written
Statement of the defendant No. 1
The
humble petition on behalf of the defendant no. 1, Sri Shambhu Singh, most
respectfully;
Sheweth
as under;
1.
That the defendant missed the summons given
by the Learned Court in the above referred suit. However, the defendant arranged
to have a copy of the plaint and on his bare perusal of the plaint, founds that
the contents and statements of the plaint are false, concocted and based on
false summarization.
2.
That the plaint is not in the
prescribe form as emphasized in the Civil Procedure Code’ 1908. Therefore the
plaint is liable to be dismissed inlimnie.
3.
That the plaint is without any accrued
cause of action in presenting the plaint before the learned Court. Therefore
the plaint is liable to be dismissed inlimnie.
4.
That the present plaint has no lawful
claim. Therefore
the plaint is liable to be dismissed inlimnie.
5.
That the present plaint has not been
placed even on any true facts and affairs, if any. Therefore
the plaint is liable to be dismissed inlimnie.
6.
That the plaint has not been caused to
serve with any Photostat copy of the documents relied on by the plaintiff.
Therefore the defendant is not able to put forwards his comments on such
documents, which may be lying with the case record. Thus unless the defendant
is in receipt of the documents relied on by the plaintiff the defendant is not
able to put his comments. Thus the defendant’s reserve his right to put
forwards his comments on the documents, relied on by the plaintiff, while the
defendant will received the Photostat copy of the documents from the plaintiff,
by way of giving his additional written statement in the above referred suit.
7.
That the present plaint is motivated,
harassed, and without any competency. Therefore the plaint
is liable to be dismissed inlimnie.
8.
That the present plaint is suffering
with the non-joinder & misjoinder of the necessary parties. Therefore
the plaint is liable to be dismissed inlimnie.
9.
That before dealing with the paragraph
wise comments. The defendant furnishing the facts for appropriate adjudication
of the above referred suit in the interest of administration of justice;
i.
The defendant no 1, has purchased the
property being piece and parcel of the plot of bastu land measuring about 2
(two) Cottahs 4 (Four) Chittaks a little more or less along with 200 Sq. Ft
tiles shed old structure standing thereon together with the easement rights of
all common areas, passages, pathways, attached thereto for free ingress and
egress and also for installation of any electric connection, water connection,
telephone connection, sewerage connection, gas connection and other works
including all demarcation of the said property which is situated in Sukanta
Sarani at Mouza Purba Barisha comprised in Dag No. 1569, appertaining to R.S.
Khatian No. 1403, J.L. No. 23, R.S. No. 43, Touzi No. 235, under Police Station
Thaklurpukur presently Haridevpur Police Station, within the limits of the
Kolkata Municipal Corporation, Ward No. 124, being Municipal Premises No. 3242,
Vidyasagar Sarani, Kolkata – 700063, District South 24 Parganas, from the
Vendor namely Arun Kumar Singh, Son of Vishwanath Prasad Singh, by way of
executing and registering the Deed of Conveyance against the valuable
consideration, on 20th day of December’ 2013, in the Book No. I,
Volume number 23, Pages from 7588 to 7606, Being No. 13492 for the year 2013,
in the Office of the District Sub Registrar – II, South 24 Parganas, West
Bengal.
ii.
The defendant no. 1, became the
absolute owner in respect of his piece and parcel of the plot of bastu land
measuring about 2 (two) Cottahs 4 (Four) Chittaks a little more or less along
with 200 Sq. Ft tiles shed old structure standing thereon together with the
easement rights of all common areas, passages, pathways, attached thereto for
free ingress and egress and also for installation of any electric connection,
water connection, telephone connection, sewerage connection, gas connection and
other works including all demarcation of the said property which is situated in
Sukanta Sarani at Mouza Purba Barisha comprised in Dag No. 1569, appertaining
to R.S. Khatian No. 1403, J.L. No. 23, R.S. No. 43, Touzi No. 235, under Police
Station Thaklurpukur presently Haridevpur Police Station, within the limits of
the Kolkata Municipal Corporation, Ward No. 124, being Municipal Premises No.
3242, Vidyasagar Sarani, Kolkata – 700063, District South 24 Parganas, who
mutated his name in the record of the concerned Civic body i.e. The Kolkata
Municipal Corporation, and with the other concerned Government local body, and
thereby paying the rent and taxes, continuously.
iii.
The defendant no. 1, purchased his
property, which specifically demarcated being butted and bounded as on the
North : 12’-0” wide common passage, on the South : Land of Bijoy Roy, on the
East : Land of Sri Laxmi Kanta Seal and others, and on the West : Land of Sri
Laxmi Kanta Seal and others.
iv.
The defendant no. 1, obtained the
sanctioned building plan from the concerned building department of the Kolkata
Municipal Corporation, under the provision of Section 393A of the Kolkata
Municipal Corporation Act, 1980, which complying with the Kolkata Municipal
Corporation Building Rules 2009, followed by the Circular No. 04 of 2017-18,
dated 01-08-2017, at the premises of the defendant number 1, being Municipal
Premises No. 3242, Vidyasagar Sarani, under Ward No. 124, Borough – XVI, of the
Kolkata Municipal Corporation, Police Station Haridevpur, Kolkata – 700063,
District South 24 Parganas. The said Building Plan bearing Number as
2023160308, dated 05/10/2023, valid upto 04/10/2028.
v.
The defendant no. 1, carrying his
construction work at his own premises in terms of the Sanctioned Building Plan,
wherein the Office Circular No. 04 of 2017-18, dated 01/08/2017, prescribed the
rules about the open space and other specification in construction of the
sanction building plan more particularly the proposed building in terms of the
sanctioned building plan, which states as 62-Open Space – proposed 10.0 m
height – Front : 0.75 m, side 1 : 0.90 m, Side 2 : 1.20 m, Rear : 3.00 m.
presently the construction is going on with labours and building materials in
terms of the specification and sanctioned of the building plan of the Kolkata
Municipal Corporation. Few days ago, the Engineers visited the premises, may be
on the receipt of the summons of the above referred suit, and found the
satisfaction on the constructions work without any deviation and violation of the
sanctioned building plan. The K.M.C. may give their answer in the above
referred suit.
vi.
The defendant no. 1 purchased his
property against the consideration value with specific demarcation and have no
relation with the alleged plaintiff in the above referred suit. There is no
occasion of any contiguous land in between the defendant no. 1, herein and the
alleged plaintiff in the above referred suit.
vii.
The defendant no. 1, constructing the
Building at his own premises surrounded with the specific demarcation thereon
in terms of the Deed of Conveyance dated 20th day of December 2013,
and complying with all the prescribed formalities and rules thereof by the
Kolkata Municipal Corporation in terms of the Sanctioned Building Plan.
viii.
The alleged plaintiff with oblique
motive to extort money from the defendant no.1, herein instituted this present
above referred suit against the defendant no. 1, herein, which is not
sustainable in the eye of Law, therefore the above referred suit should be
dismissed inlimnie with exemplary
cost of the plaintiff to prevent him in lodging false suit against the
defendant no.1, herein in near future.
ix.
The defendant no.1, is a peace loving
and law abiding citizen of the country, complying with all lawful formalities
as prescribed by the Civic Body and the other Government Local Body, pursuing
his Building Construction at his own purchased premises without interfering
into the possession of others including the plaintiff herein in the above
referred suit.
10.
Without waiving any of the aforesaid
Objections and Facts and fully relying thereupon and without prejudice to the
same. Now, the defendant no. 1 deals with the specific paragraphs of the said Plaint,
in seriatim as hereunder.
- The Plaint
is not maintainable either in facts or in its present form and the said plaint
is speculative, harassing, motivated, concocted and baseless as is barred
by the Principles of Law and hence same is liable to be rejected at once,
with cost.
- Save and except the statements made in
the said plaint, which are matter of record, the defendant no.1 denies
each and every allegations contained in the said plaint and calls upon the
plaintiff to strict proof of the said allegations, in terms of the facts
as well as in terms of the Law.
- With the
reference to the statements of the paragraph no. 1, 2 & 3, of the
plaint the defendant no.1 is admitted the statements of the paragraph no.
1 & 2, only in part which are matter of the record and denied and
disputed the statement of the paragraph no. 1, 2, & 3, in part. The
defendant no. 1 reiterated the statement made in the paragraph no. 9. The
defendant no. 1 states that the defendant no 1, has purchased the property
being piece and parcel of the plot of bastu land measuring about 2 (two)
Cottahs 4 (Four) Chittaks a little more or less along with 200 Sq. Ft
tiles shed old structure standing thereon together with the easement
rights of all common areas, passages, pathways, attached thereto for free
ingress and egress and also for installation of any electric connection,
water connection, telephone connection, sewerage connection, gas
connection and other works including all demarcation of the said property
which is situated in Sukanta Sarani at Mouza Purba Barisha comprised in
Dag No. 1569, appertaining to R.S. Khatian No. 1403, J.L. No. 23, R.S. No.
43, Touzi No. 235, under Police Station Thaklurpukur presently Haridevpur
Police Station, within the limits of the Kolkata Municipal Corporation,
Ward No. 124, being Municipal Premises No. 3242, Vidyasagar Sarani,
Kolkata – 700063, District South 24 Parganas, from the Vendor namely Arun
Kumar Singh, Son of Vishwanath Prasad Singh, by way of executing and
registering the Deed of Conveyance against the valuable consideration, on
20th day of December’ 2013, in the Book No. I, Volume number
23, Pages from 7588 to 7606, Being No. 13492 for the year 2013, in the
Office of the District Sub Registrar – II, South 24 Parganas, West Bengal.
The defendant no. 1 mutated his name in the record of the concerned Civic
body i.e. The Kolkata Municipal Corporation, and with the other concerned
Government local body, and thereby paying the rent and taxes,
continuously. He purchased his property, which specifically demarcated
being butted and bounded as on the North : 12’-0” wide common passage, on
the South : Land of Bijoy Roy, on the East : Land of Sri Laxmi Kanta Seal
and others, and on the West : Land of Sri Laxmi Kanta Seal and others. He obtained
the sanctioned building plan from the concerned building department of the
Kolkata Municipal Corporation, under the provision of Section 393A of the
Kolkata Municipal Corporation Act, 1980, which complying with the Kolkata
Municipal Corporation Building Rules 2009, followed by the Circular No. 04
of 2017-18, dated 01-08-2017, at the premises of the defendant number 1,
being Municipal Premises No. 3242, Vidyasagar Sarani, under Ward No. 124,
Borough – XVI, of the Kolkata Municipal Corporation, Police Station
Haridevpur, Kolkata – 700063, District South 24 Parganas. The said
Building Plan bearing Number as 2023160308, dated 05/10/2023, valid upto
04/10/2028. He carrying his construction work at his own premises in terms
of the Sanctioned Building Plan, wherein the Office Circular No. 04 of
2017-18, dated 01/08/2017, prescribed the rules about the open space and
other specification in construction of the sanction building plan more
particularly the proposed building in terms of the sanctioned building
plan, which states as 62-Open Space – proposed 10.0 m height – Front :
0.75 m, side 1 : 0.90 m, Side 2 : 1.20 m, Rear : 3.00 m. presently the
construction is going on with labours and building materials in terms of
the specification and sanctioned of the building plan of the Kolkata
Municipal Corporation. Few days ago, the Engineers visited the premises,
may be on the receipt of the summons of the above referred suit, and found
the satisfaction on the constructions work without any deviation and
violation of the sanctioned building plan. The K.M.C. may give their
answer in the above referred suit. The defendant denied that his men and
agents ever started making any attempts to encroach upon the plaintiff’s
property, in pursuing his building construction. The defendant did not
find any contiguous land in between the property of his purchased land and
the land of the plaintiff ever. The allegation of any construction on any
land which may belongs to the plaintiff is false and concocted. The defendant
pursuing his building constructions restricted to the boundaries being
butted and bounded and demarcated in terms of the deed of conveyance being
the indenture of purchase of his property, lawfully. The object of the
plaintiff in instituting the present above referred suit is his oblique
motive to harass and to extort money from the defendant no.1, herein.
- With the
reference to the statements of the paragraph no. 4, 5, 6, 7, & 8, of
the plaint the defendant no.1 denied and disputed in to-to, and put the
plaintiff to strict proof thereof. The defendant no.1 reiterated the
statement made in the paragraph no. 9. The defendant no. 1, states that the
defendant no. 1, constructing the Building at his own premises surrounded
with the specific demarcations thereon in terms of the Deed of Conveyance
dated 20th day of December 2013, and complying with all the
prescribed formalities and rules thereof by the Kolkata Municipal
Corporation in terms of the Sanctioned Building Plan. The alleged
plaintiff with oblique motive to extort money from the defendant no.1,
herein instituted this present above referred suit against the defendant
no. 1, herein, which is not sustainable in the eye of Law, therefore the
above referred suit should be dismissed inlimnie with exemplary cost of the plaintiff to prevent him
in lodging false suit against the defendant no.1, herein in near future. The
defendant no.1, is a peace loving and law abiding citizen of the country,
complying with all lawful formalities as prescribed by the Civic Body and
the other Government Local Body, pursuing his Building Construction at his
own purchased premises without interfering into the possession of others
including the plaintiff herein in the above referred suit.
15.
With the reference to the statements
of the paragraph no. 9, 10, 11, 12, 13, 14, 15, 16, 17, & 18 of the plaint
the defendant no.1 do not admit and the defendant no.1 disputed and denied the
statement in to-to and put the plaintiff to strict proof thereof. The defendant
no.1 reiterated the statements made in the paragraph no. 9. The defendant no.1
states that the defendant no. 1, is not able to put his comments on the
allegations made by the plaintiff against the other defendants in the above
referred suit. The other defendants are the statutory body and the allegations
are appearing to be false and concocted one made by the plaintiff to institute
such vague and frivolous suit against the defendant no. 1, herein. Without
complying with the prescribed provisions under Section 80 of CPC, the statutory
body has been made a party to the above referred suit, in not sustainable in
the eye of Law.
16.
With the reference to the statement of
the paragraph no. 19 & 20 of the plaint the defendant no.1 do not admit.
The defendant no.1 disputed and denied the statement in to-to and put the
plaintiff on strict proof thereof. The defendant no.1 reiterated the statement
made in the paragraph no. 9. The defendant no.1 states that there is no cause
of action has ever been arose against this defendant. The present above
referred suit is without any cause of action, which has ever been accrued in
instituting the present above referred suit by the plaintiff against the
defendant no.1, herein. The defendant no.1 has not indulged into any illegal
construction as claimed by the plaintiff in the above referred suit.
17.
That the relief claimed by the
plaintiff is unlawful and since such claimed has not been based on the lawful
manner and the circumstances ever arise. The said claim has not ever been
placed by the plaintiff in the clean hand. The plaintiff is not entitled to get
any relief either in terms of the fact or in the terms of the law. The present
above referred suit is vague and frivolous should be dismissed inlimnie.
18.
The defendant no. 1, crave leave
before the Learned Court to place his additional written statement in stating
the facts, which has left due to paucity of time in preparing the present
Written Statement.
19.
The defendant no.1 is relied on the
following documents;
i)
Deed of Conveyance dated 20th
December’ 2013;
ii)
Sanctioned Building Plan dated
05-10-2023;
iii) Officer
Circular No. 04 of 2017-18, dated 01/08/2017, given by the Kolkata Municipal
Corporation;
20.
That in the given facts and
circumstances the present suit is not sustainable under the law and therefore
the defendant no. 1 seeks dismissal of the suit inlimnie.
21.
Unless the Learned Court dismissed the
above referred suit the defendant no. 1 will highly prejudice and suffer with irreparable
loss and injury.
22.
That this application is made
bonafide and in the interest of administration of justice.
It is therefore prayed that your
Honour would graciously be pleased to accept this Written Statement and to
dismissed the present Suit being Title Suit no. 1606 of 2024, in the interest
of administration of Justice, and /or to pass such other necessary order or
orders as Your Honour may deem, fit, and proper for the end of Justice.
And for this act of kindness, the
Petitioner as in duty bound shall ever pray.
Verification
I,
Sambhu Singh, being the defendant no.1 in the present Suit. I am well
acquainted and conversant with the material facts as stated in the forgoing
paragraphs of my Written Statement. I, verify & sign the Written Statement
on 17th day of December’ 2024, at Alipore Judges’ Court Premises.
I,
Shambhu Singh, Son of Late Subedar Singh, aged about _____years, by faith
Hindu, by Occupation Medical Practitioner, residing at Premises being no. 3242,
Vidyasagar Sarani, Police Station Haridevpur, Kolkata – 700063, Ward no. 124,
Bara Bagan, near Sabuj Sangha Club, Vollybal Ground, Kolkata – 700063, District
South 24 Parganas, do hereby solemnly affirm and says as follows;
1.
That I am the defendant no.1 in the
present Suit matter. I am well acquainted and conversant with the material facts
of the present Suit. I am competent to swear this affidavit.
2.
That the statements of the paragraph
number 9, is true to the best of my knowledge and belief. The statements of the
paragraph number 1, 2, 3, 4, 5, 6, 7 & 8, derived from the copy of the plaint,
and the rests are my humble submissions before the Learned Court.
The statements made above are true to
our knowledge and belief.
DEPONENT
Identified
by me,
Advocate
Prepared
in my Chamber,
Advocate
Date
: 17th December’ 2024;
Place
:Alipore Judges’ Court;
N O T A R Y
