SUIT FOR DECLARATION AND PERMANENT INJUNCTION

 

District : South 24 Parganas.

In the Court of the Learned 5^th  Civil Judge ( Junior Division ) at Alipore, South 24 Parganas.

                                               

                                                Title Suit no.          of 2017.

 

                                                In the matter of :

 

1.   Smt. Minoti Mondal wife of Late Samiran Mondal, residing at 73/82, Chakram Nagar, P.O.- R.C. Thakurani, P.S.- Haridevpur, Kolkata-700104, District - South 24 Parganas.

 

2.   Sri Saumya Mondal, Son of Late Samiran Mondal, residing at 73/82, Chakram Nagar, P.O.- R.C. Thakurani, P.S.- Haridevpur, Kolkata-700104, District - South 24 Parganas.

 

3.   Smt. Arundhuti Mondal, wife of Shri Prabir Mondal, Daughter of Late Samiran Mondal, residing at 73/82, Chakram Nagar, P.O.- R.C. Thakurani, P.S.- Haridevpur, Kolkata-700104, District - South 24 Parganas.

                                                                                                                                                                                                _______Plaintiffs.

 

-      Versus –

 

1. Sri Sarbeshwar Mondal son of Pratap Mondal of Chakram Nagar(Indira Uddyan), P.O.- R.C. Thakurani, P.S.- Haridevpur, Kolkata-700104, Dist.- South 24 Parganas.

 

2. Shyamapada Chatterjee son of Sanatan Kumar Chatterjee of Chakram Nagar, P.O.- R.C. Thakurani, P.S.- Haridevpur, Kolkata-700104, Dist.- South 24 Parganas                                                                                                               ________Defendants

 

SUIT FOR DECLARATION AND PERMANENT INJUNCTION VALUED AT RS.200/-

 

The Plaintiffs beg to states as follows :-

 

1.    That the Plaintiff no.1, is a senior Citizen of the Country. She is widower old aged lady, solely dependent on her only Son, who is the plaintiff no.2, herein, in the plaint, and permanently residing at the address as given in the cause title of the plaint.

 

2.    That the Plaintiff no.1, is a widower of Late Samiran Mondal and she has one son and one daughter namely Sri Saumya Mondal and Smt. Arundhuti Mondal respectively. She and her children belong to the mediocre family. Her husband has been given by the West Bengal State Government, the land of shali nature measuring about 17 decimal, comprising in previous Dag no.- 266, Khatian no.- 123,and present Dag no.-292,Khatian no.-495/1, Mouza- Jeadergote, J. L. no. 29, District -  South 24 Parganas for the purpose of cultivation under the West Bengal Land Reforms Act, 1955 and consequently the said land is inherited by the petitioner with her son and daughter.

 

3.    That the Plaintiffs are the co sharer in the schedule land of shali nature measuring about 17 decimal, comprising in previous Dag no.- 266, Khatian no.- 123,and present Dag no.-292,Khatian no.-495/1, Mouza- Jeadergote, J. L. no. 29, District -  South 24 Parganas, and enjoying the said schedule land uninterestedly, and without any intervention thereof from any one, whosoever since the date of the death of Samiran Mondal, who died on 22-12-2001.

 

4.    That the Defendants, herein being the absolute stranger along with some bad elements forcefully and illegally with ulterior motive entering into the land of shali nature measuring about 17 decimal, comprising in previous Dag no.- 266, Khatian no.- 123,and present Dag no.-292,Khatian no.-495/1, Mouza- Jeadergote, J. L. no. 29, District -  South 24 Parganas, and pouring rubbish (wastage material of building) on the land of the Plaintiff.

 

5.    That on 06-10-2017 at about 8.00 a. m. while the Plaintiff visited her land which is nearby her residence, she was astonished to see that two trucks were releasing rubbish (wastage material of building) on her land, while she put her strong intervention then they said that " ami to driver ar ora to helper, amra kichhu jani na, amader KMC theke bolechhe ekhane rubbish fele dite, tai felchhi, kichhu bolar thakle KMC te jan" and piled up their rubbish on her land, thereafter she met with the councilor of her locality, who was unable to say anything regarding this event. Therefore the Plaintiff on 07.11.2017 lodged the complaint before Haridevpur police station but the police did not take any action to stop the illegal work and protect the land from land grabbers who continuing their illegal activities by the name of KMC.

 

6.    That thereafter on 10.11.2017 at about 8.30 a.m. while the petitioner visiting her land, she saw again some trucks were pouring rubbish (wastage material of building) in her land, and while she put strong intervention and objection against such illegal act, Sri Sarbeshwar Mondal son of Pratap Mondal of Chakram Nagar(Indira Uddyan), P.O.- R.C. Thakurani, P.S.- Haridevpur, Kolkata-700104, Dist.- South 24 Parganas and Shri Shyamapada Chatterjee son of Sanatan Kumar Chatterjee of Chakram Nagar, P.O.- R.C. Thakurani, P.S.- Haridevpur, Kolkata-700104, Dist.- South 24 Parganas, the respondent herein, came before her with angry mood and started shouting and threaten her to leave the place otherwise they would bit her and also stated that they are doing the job as per instruction of the KMC but when the petitioner asked the documents, they denied to show any documents of KMC where she can find the order or instruction of KMC,  but the petitioner never agreed to leave that place because the land is her own, then they started abusive languages upon her and try to assault her, in that compelling circumstances, with the intervention of other vicinity people she bound to left the place.

 

7.    That on 13.11.2017, the Plaintiff again lodged the complaint before the Haridevpur police station against Sri Sarbeshwar Mondal son of Pratap Mondal of Chakram Nagar(Indira Uddyan), P.O.- R.C. Thakurani, P.S.- Haridevpur, Kolkata-700104, and Shri Shyamapada Chatterjee son of Sanatan Kumar Chatterjee of Chakram Nagar, P.O.- R.C. Thakurani, P.S.- Haridevpur, Kolkata-700104 and request the officer in charge of Haridevpur police station to take necessary endeavor to protect the land of the petitioner and also take the action against Sri Sarbeshwar Mondal son of Pratap Mondal of Chakram Nagar(Indira Uddyan), P.O.- R.C. Thakurani, P.S.- Haridevpur, Kolkata-700104, and Shri Shyamapada Chatterjee son of Sanatan Kumar Chatterjee of Chakram Nagar, P.O.- R.C. Thakurani, P.S.- Haridevpur, Kolkata-700104 who are the absolute stranger and deliberately trying to grab the land of the Plaintiff.

 

8.    That in these circumstances, the Plaintiff feels that a huge conspiracy made  to grab her property in the name of KMC and  Sri Sarbeshwar Mondal and Sri Shyamapada Chatterjee are the kingpin of the entire episode and as they are politically motivated, the police did not act according to law.

 

9.    That Sri Sarbeshwar Mondal and Sri Shyamapada Chatterjee being the absolute strangers along with some bad elements forcefully, illegally with ulterior motive trying to enter into the land of shali nature measuring about 17 decimal, comprising in previous Dag no.- 266, Khatian no.- 123,and present Dag no.-292,Khatian no.-495/1, Mouza- Jeadergote, J. L. no. 29, District -  South 24 Parganas  to  harass the Plaintiff and to grab the said land.

 

10. That on 10.11.2017 the Defendants openly threaten the Plaintiff with ulterior motive and filthy languages in the schedule property with the supports of some bad elements of the vicinity creating serious situation and dire consequences thereof.

 

11. That due to reckless, unwanted and cunning attitude of the Defendants, the plaintiff  bearing huge loss and injury in her mind and finding no way the Plaintiff lodged two complaints against the Defendants on 07.11.2017 and 13.11.2017 at  Haridevpur Police Station, South 24 Parganas.

 

12. That the Defendants are the absolute stranger in respect to the suit property and has no right, title and interest in the said property.

 

13. That the cause of action arose on 07-11-2017, and 13.11.2017 when the Defendants openly threatened the Plaintiff within the premises of  the land of shali nature measuring about 17 decimal, comprising in previous Dag no.- 266, Khatian no.- 123, and present Dag no.-292, Khatian no.- 495/1, Mouza - Jeadergote, J. L. no. 29, District -  South 24 Parganas under the Police Station- Haridevpur,  which lies in the jurisdiction of this Learned Court.

 

14. That the Plaintiffs have good primafacie in this case and balance of convenience and inconvenience always lies in favour of the Plaintiffs to obtain relief in respect to the said property.

 

15. That to ascertain court fees and determination of jurisdiction this is a suit for declaration and permanent injunction and therefore advaloram court fees paid in terms of the prescribed law for the time being in force.

 

16. The plaintiffs therefore prays for the following :

 

a)    A decree for Declaration that the plaintiffs have right, title, and interest and possession over the suit property;

 

b)   A decree for permanent injunction restraining the defendant from interfering the peaceful possession of the plaintiff in respect to the suit property;

 

c)    A decree for all costs;

 

d)   A decree for such other relief or reliefs as the plaintiffs are entitled to get, in the factual circumstances and or in terms of the Law.

 

 

 

 

 

 

Schedule of Property

 

 ALL THAT piece and parcel of land of shali nature measuring about 17 decimal, comprising in previous Dag no.- 266, Khatian no.- 123,and present Dag no.-292,Khatian no.-495/1, Mouza- Jeadergote, J. L. no. 29, District South 24 Parganas, together with the area of uses and easements, butted and bounded in the manner as follows :

 

BY NORTH           :        

 

BY SOUTH           :        

 

BY EAST               :        

 

BY WEST              :        

 

 

Valuation statement

 

This Suit is valued at Rs. 200/- for the Declaration and permanent injunction.

 

 

Documents relied on by the Plaintiffs

 

i)             Indenture of Govt. “PATTA”;

ii)           Record of Right published by B.L. & L.R.O.;

iii)          Communication to Police and Others;

iv)          Other necessary documents and papers.

 

 

 

 

 

Verification

 

 

We do hereby solemnly declare that the above statements are all true to the best of our knowledge and belief and sign this verification as on ________day of ________________’ 2017, at Alipore Judges’ Court premises.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AFFIDAVIT

I, Smt. Minoti Mondal wife of Late Samiran Mondal, aged about _____years, by faith Hindu, by Occupation House Wife, residing at premises being no. 73/82, Chakram Nagar, P.O.- R.C. Thakurani, P.S.- Haridevpur, Kolkata-700104, District - South 24 Parg, do hereby solemnly affirm and declare as follows :

1.   That I am the plaintiff no. 1, in the present suit.

2.   That I am authorized by the plaintiff no. 2, and 3, to swear this affidavit

3.   That I am competent to swear this affidavit.

4.   That I am fully aware and well conversant with the facts and circumstances of this suit.

5.   That the facts contained in the paragraph nos. _______to ______, are true to my knowledge and belief.

6.   That the rest paragraphs are my humble submissions before the Learned Court.

That the above statements are true to my knowledge and belief.

 

 

DEPONENT

Identified by me,

 

Advocate

 

Prepared in my Chamber,

 

Advocate.

Date : _________________2017

Place : Alipore Judges’ Court.

 

 

 

 

 

 

 

 

 

 

VAKALATNAMA

District : South 24 Parganas.

In the Court of the Learned 5^th Civil Judge ( Junior Division ) at Alipore, South 24 Parganas.

T.S.no. ______________of 2017.

Smt. Minoti Mondal, and others.                                                               ___________ Plaintiff.

-          Versus –

Shri Sarbeswar Mandal and others.                                                         ____________Defendants.

KNOW ALL MEN by these presents that I / We, 1) Smt. Minoti Mondal wife of Late Samiran Mondal, aged about 66 yrs., residing at 73/82, Chakram Nagar, P.O.- R.C. Thakurani, P.S.- Haridevpur, Kolkata- 700104, District - South 24 Parganas, 2) Sri Saumya Mondal, Son of Late Samiran Mondal, residing at 73/82, Chakram Nagar, P.O.- R.C. Thakurani, P.S.- Haridevpur, Kolkata-700104, District - South 24 Parganas, and Smt. Arundhuti Mondal, wife of Shri Prabir Mondal, Daughter of Late Samiran Mondal, residing at 73/82, Chakram Nagar, P.O.- R.C. Thakurani, P.S.- Haridevpur, Kolkata-700104, District - South 24 Parganas,

vkils, 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 ………………2017. Sri Ashok Kumar Singh, Advocate. High Court Bar Association Room No. 15, High Court at Calcutta, Mobile Number : 9883070666 / 9836829666, Email : aksinghadvocate@rediffmail.com

Sri Anindya Chakraborty,  Advocate.  Sri Pradip Kumar Mandal,  Advocate.  Sri Rabindra Nath Das,  Advocate.   Sri Biplab Som,  Advocate.