PARTITION SUIT - DRAFT COPY - PLAINT FOR PARTITION

 

IN THE COURT OF LEARNED  CIVIL JUDGE ( SENIOR DIVISION)

AT BARUIPUR, SOUTH 24 PARGANAS.

 

                                                  TITLE SUIT NO.         ____        OF 2019.

                                 

 

Shri Amar Naskar, Son of Shri Bankim Naskar, residing at Village – Khurigachhi, Post Office – Sonarpur, Kolkata – 700 150, Police Station – Narendrapur, District – 24 Parganas South, West Bengal.

                                

……PLAINTIFF.

       -VERSUS-

 

1)           Shri Shankar Naskar, Son of Shri Bankim Naskar, residing at Village – Khurigachhi, Post Office – Sonarpur, Police Station – Narendrapur, Kolkata – 700 150, District – 24 Parganas South.

 

2)           Shri Ramesh Naskar, Son of Shri Bankim Naskar, residing at Village – Khurigachhi, Post Office – Sonarpur, Police Station – Narendrapur, Kolkata – 700 150, District – 24 Parganas South.

 

3)           Smt. Pratima Kayal, Wife of Badal Kayal, residing at Village – Tangrakhali, Post Office – Taldi, Police Station – canning, PIN Code – 743376, District – South 24 Parganas.

 

4)           Smt. Ashima Mondal, Wife of Shri Bhulu Mondal, residing at Village – Tangrakhali ( Adla ), Post Office – Taldi, PIN Code – 743376, Police Station – canning, District – South 24 Parganas.

 

5)           Smt. Sushma Mondal, Wife of Shri Ashok Mondal, residing at Village – Bidyadharpur Petua, Post Office – Sonarpur, PIN Code – 700 150, Police Station – Sonarpur, District – South 24 Parganas.

 

6)           Smt. Anima Mondal, Wife of Shri Samir Mondal, residing at Village – Malipukur, Vidyadharpur, Post Office – Sonarpur, PIN Code – 700 150, Police Station – Sonarpur, District – South 24 Parganas.

 

7)           Shri Bankim Naskar, Son of Late Akshay Naskar, residing at     Village – Khurigachhi, Post Office – Sonarpur, Kolkata – 700 150, Police Station – Narendrapur, District – 24 Parganas South.

         

                                  …DEFENDANTS

 

 

SUIT FOR PARTITION AND INJUNCTION

 

VALUED AT Rs. 99,000/- for Partition AND Rs. 100/= Tentatively fixed for Injunction. TOTAL  Rs. 99,100/=

 

The Plaintiff states as follows:-

 

 

1.   That one Bankim Naskar, Amar Naskar, Shankar Naskar, Ramesh Naskar, Pratima Kayal, Ashima Mondal, Sushma Mondal, Anima Mondal, who inherited the property left by Akshasy Naskar,  each having 1/8^th  share on the said property and jointly enjoying and possessing the said property.

 

2.   That the defendants are enjoying and possessing undivided 1/8^th  share of Mouza – Khurigachhi, J.L. no. 21, RS Khatian no. 346, South 24 Parganas, Police Station – Sonarpur, presently Narendrapur Police Station, Dag no. 766 – Danga – out of 9 Satak – 1 Satak, Dag no. 796 – Bastu – out of 25 Satak – 4 ghar – 9 Satak, Dag no. 822 – Shali – out of 16 Satak – 5 Satak, Dag no. 819 – Shali – out of 25 Satak – 8 Satak ( Pukur ), Dag no. 786 – Shali – out of 5 Satak – 2 Satak, Dag no. 184 – Shali – out of 22 Satak – 11 Satak, Total - 36 Satak, and property and the plaintiff is enjoying and possessing undivided 1/8^th  share of premises being Mouza – Khurigachhi, J.L. no. 21, RS Khatian no. 346, South 24 Parganas, Police Station – Sonarpur, presently Narendrapur Police Station, Dag no. 766 – Danga – out of 9 Satak – 1 Satak, Dag no. 796 – Bastu – out of 25 Satak – 4 ghar – 9 Satak, Dag no. 822 – Shali – out of 16 Satak – 5 Satak, Dag no. 819 – Shali – out of 25 Satak – 8 Satak ( Pukur ), Dag no. 786 – Shali – out of 5 Satak – 2 Satak, Dag no. 184 – Shali – out of 22 Satak – 11 Satak, Total - 36 Satak, and property, in the above noted property.

 

3.   The Plaintiff states that the Defendants are trying to demarcate the Schedule Property amongst themselves  and are trying to sell the Schedule Property and trying to deliver possession to third party without giving any opportunity and without any notice to the Plaintiff who by virtue of the Hindu Succession Act, 1956, is entitled to get 1/8^th share in the  undivided and un-partitioned schedule property and said Property has not yet partitioned by mates and bound amongst the co-sharers till now but the Defendants illegally trying to demarcate the schedule property and illegally trying to sell the undivided and un-partitioned schedule property to the third party and also illegally and unlawfully trying to deliver possession over the undivided and un-partitioned schedule property. Unless and until the undivided and un-partitioned schedule property,  is partitioned by mates and bound, the Defendant cannot demarcate the premises and cannot deliver possession to  any third party  in view of the reported judgment of the Hon’ble Supreme Court of India.   

 

4.   Recently the Defendants forcefully trying to get possession in the undivided and un-partitioned schedule property and illegally trying to make boundary wall in the undivided and un-partitioned schedule property for which the Plaintiff lodged a complaint to the Local Police Station. By the aforesaid illegal acts of the Defendant cloud has been casted to the right, title, interest and/or possession of the plaintiff in respect the Schedule suit property which should be removed by appropriate order of the court.

 

5.   The Plaintiff severally requested the Defendant to partition of the Suit property by mates and bound among the Plaintiff and Defendants mutually and amicable so that each of them get the actual share of the suit schedule property equally i.e. 1/8^th share of Mouza – Khurigachhi, J.L. no. 21, RS Khatian no. 346, South 24 Parganas, Police Station – Sonarpur, presently Narendrapur Police Station, Dag no. 766 – Danga – out of 9 Satak – 1 Satak, Dag no. 796 – Bastu – out of 25 Satak – 4 ghar – 9 Satak, Dag no. 822 – Shali – out of 16 Satak – 5 Satak, Dag no. 819 – Shali – out of 25 Satak – 8 Satak ( Pukur ), Dag no. 786 – Shali – out of 5 Satak – 2 Satak, Dag no. 184 – Shali – out of 22 Satak – 11 Satak, Total - 36 Satak, and property, within the Jurisdiction of Narendrapur  Police Station in the District of South 24 Parganas. But the Defendants openly refused to partition the suit schedule property mutually and amicably among themselves.

 

6.   As the Defendants refused to partition the suit schedule property mutually and amicably by mates and bounds, so the Plaintiff has been constrained to institute the instant suit for partition to get his share of property being  Premises bearing Mouza – Khurigachhi, J.L. no. 21, RS Khatian no. 346, South 24 Parganas, Police Station – Sonarpur, presently Narendrapur Police Station, Dag no. 766 – Danga – out of 9 Satak – 1 Satak, Dag no. 796 – Bastu – out of 25 Satak – 4 ghar – 9 Satak, Dag no. 822 – Shali – out of 16 Satak – 5 Satak, Dag no. 819 – Shali – out of 25 Satak – 8 Satak ( Pukur ), Dag no. 786 – Shali – out of 5 Satak – 2 Satak, Dag no. 184 – Shali – out of 22 Satak – 11 Satak, Total - 36 Satak, and property, within the Jurisdiction of Narendrapur Police Station in the District of South 24 Parganas, properly through Court.

 

7.   The Plaintiff served one Legal notice through his Learned Advocate, seeking thereby amicable partition of the Premises bearing Mouza – Khurigachhi, J.L. no. 21, RS Khatian no. 346, South 24 Parganas, Police Station – Sonarpur, presently Narendrapur Police Station, Dag no. 766 – Danga – out of 9 Satak – 1 Satak, Dag no. 796 – Bastu – out of 25 Satak – 4 ghar – 9 Satak, Dag no. 822 – Shali – out of 16 Satak – 5 Satak, Dag no. 819 – Shali – out of 25 Satak – 8 Satak ( Pukur ), Dag no. 786 – Shali – out of 5 Satak – 2 Satak, Dag no. 184 – Shali – out of 22 Satak – 11 Satak, Total - 36 Satak, and property, within the Jurisdiction of Narendrapur Police Station in the District of South 24 Parganas, with the defendants. The Legal notice vide Ref. no. AKS / AN / 1869 / 19, dated 28^th day of January’ 2019, served through the registered Speed Post, the track report of the Postal Authority shows due services on the defendants.

 

8.   The Defendants are in receipt of the Legal Notice for amicable partition of the Premises bearing Mouza – Khurigachhi, J.L. no. 21, RS Khatian no. 346, South 24 Parganas, Police Station – Sonarpur, presently Narendrapur Police Station, Dag no. 766 – Danga – out of 9 Satak – 1 Satak, Dag no. 796 – Bastu – out of 25 Satak – 4 ghar – 9 Satak, Dag no. 822 – Shali – out of 16 Satak – 5 Satak, Dag no. 819 – Shali – out of 25 Satak – 8 Satak ( Pukur ), Dag no. 786 – Shali – out of 5 Satak – 2 Satak, Dag no. 184 – Shali – out of 22 Satak – 11 Satak, Total - 36 Satak, and property, within the Jurisdiction of Narendrapur Police Station in the District of South 24 Parganas, West Bengal, though he did not respond anything and did not even reply to such notice.

 

9.   The  cause of action  of the instant suit arose in respect of Premises bearing Mouza – Khurigachhi, J.L. no. 21, RS Khatian no. 346, South 24 Parganas, Police Station – Sonarpur, presently Narendrapur Police Station, Dag no. 766 – Danga – out of 9 Satak – 1 Satak, Dag no. 796 – Bastu – out of 25 Satak – 4 ghar – 9 Satak, Dag no. 822 – Shali – out of 16 Satak – 5 Satak, Dag no. 819 – Shali – out of 25 Satak – 8 Satak ( Pukur ), Dag no. 786 – Shali – out of 5 Satak – 2 Satak, Dag no. 184 – Shali – out of 22 Satak – 11 Satak, Total - 36 Satak, and property, within the Jurisdiction of Narendrapur  Police Station in the District of South 24 Parganas, of undivided and un-partitioned , morefully described in the Schedule hereunder written which is within jurisdiction of this Learned Court and on and from the date the Plaintiff came to know that the Defendants are trying to sell some portion of undivided and un-partitioned schedule property and when the said defendants trying to demarcating the Suit Property illegally and unlawfully and trying to get illegal possession in the schedule property forcefully more than his shares and subsequent thereto time to time.

 

10.                This Court has the ample jurisdiction to try and dispose of the instant suit for partition.

 

11.                Accordingly the plaintiff claims for decree for partition in the     preliminary form declaring the respective share of the respective parties by mates and bound in the schedule property.

 

12.                The Plaintiff further claims for Administration and consequential reliefs in the schedule suit property.

 

13.                For the purpose of jurisdiction and the Court Fees the suit is valued at Rs. 99,000/= for Partition and Rs. 100/= for Injunction and the ad-velorem Court fees is paid herewith.

 

The plaintiff accordingly prays for the following reliefs:

 

a.           Preliminary Decree for partition declaring the share of the Plaintiff in respect of the suit property;

 

b.         Certain time be given to the Plaintiff  to make amicable partition in terms of the preliminary Decree and in the failure of the same a Survey passed Advocate Commissioner be appointed for effecting partition and on his Report a Final Decree be passed;

 

c.          A decree for permanent Injunction;

 

d.         Receiver over the suit property;

 

e.          Commission;

 

f.           Cost and other charges of the suit;

 

g.          Such other relief or reliefs as the learned court may deem fit and proper.

 

 

 

 

 

 

 

 

 

 

 

 SCHEDULE OF PROPERTY REFERRED TO

 

ALL THAT piece and parcel of Mouza – Khurigachhi, J.L. no. 21, RS Khatian no. 346, South 24 Parganas, Police Station – Sonarpur, presently Narendrapur Police Station, Dag no. 766 – Danga – out of 9 Satak – 1 Satak, Dag no. 796 – Bastu – out of 25 Satak – 4 ghar – 9 Satak, Dag no. 822 – Shali – out of 16 Satak – 5 Satak, Dag no. 819 – Shali – out of 25 Satak – 8 Satak ( Pukur ), Dag no. 786 – Shali – out of 5 Satak – 2 Satak, Dag no. 184 – Shali – out of 22 Satak – 11 Satak, Total - 36 Satak, and property, within the Jurisdiction of Narendrapur Police Station in the District of South 24 Parganas, West Bengal.

 

 

V E R I F I C A T I O N

 

I    the plaintiff do hereby declare that I verify for and say that the statement made in paragraphs No. 1 to _____ are true to the best of my knowledge and paragraphs No.  ___  to ____ the rest are my humble submission before this Learned Court.

 

 

 

I signed the verification

on this        day of                2019

at the Court Premises.

 

 

 

A F F I D A V I T

 

I Shri Amar Naskar, Son of Shri Bankim Naskar, aged about _______years, by faith Hindu, by Occupation _________________residing at Village – Khurigachhi, Post Office – Sonarpur, Kolkata – 700 150, Police Station – Narendrapur, District – 24 Parganas South, West Bengal,  do hereby affirm and say as follows:

 

    1.        That I am the plaintiff and am well conversant with the facts and circumstances of the case and am competent to affirm this affidavit for myself. 

 

2.                  I say that the statement made in paragraphs No: 1 to _____ are true to the best of my knowledge and paragraph No. _____  to ____ the rest are my humble submission before this Learned Court.

         

 

 

                              

Deponent

Prepared in my office                                              Identified by me

 

 Advocate                                                            Advocate

           

       NOTARY

      

 

THE PLAINTIFF RELIED UPON THE FOLLOWINGS DOCUMENTS:

 

1. Legal Notice being Ref. no. AKS / AN / 1869 / 19, dated 28^th day of January’ 2019,  Postal receipts, and Track report;

2. Parcha;

5. Other documents.

 

 

 

 

THE PLAINTIFFS FILED HEREWITH THE FOLLOWINGS DOCUMENTS:

 

1. Legal Notice being Ref. no. AKS / AN / 1869 / 19, dated 28^th day of January’ 2019,  Postal receipts, and Track report,

2. Parcha;

5. Other documents.