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District – Jalpaiguri.

In the Court of Learned Civil Judge Junior Division at, Jalpaiguri.

(Suit for Confirmation of possession and Injunction valued at Rs. 100/-.)

Title Suit No. 411 of 2012.

Mostafa Ali Pradhan

S/O –Late Sultan ali Pradhan, resident of vill and PO


Barnish , P.S. – Maynaguri, District – Jalpaiguri.

…. PLAINTIFF.

= VERSUS =

1. Rabi Biswas,
2. Sri Mahendra Biswas , both are S/O –Abani Biswas.
3. Sri Manoj Biswas s/o Mahendra Biswas
4. Sri Sarar Sarkar s/o Gobinda Sarkar
5. Gobinda Sarkar s/o Kangali Sarkar
6. Dilip Sarkar,s/o Dinesh Sarkar
7. Noshi Sarkar
8. Jogesh Sarkar, both are s/o Roycharan Sarkar
9. Nil Kamal Sarkar
10. Bimal Sarkar both are s/o sri Charan Sarkar
11. Kapil Mondal, s/o Kesta Mondal
12. Sabuj Sarkar s/o Dipu Sarkar
13. Dipak Sarkar, s/o Nishi Sarkar
14. Meghlal Mondal s/o Khetramohan Mondal
15. Sibhasah Biswas s/o Sukantha Biswas
16. Babu Sarkar, s/o Sadhu Sarkar
17. Prasanta Sarkar s/o Madhu Sazrkar ------ all are resident of
vill and PO Barnish –P.S. – Maynaguri, District – Jalpaiguri
…. DEFENDANT.
The Plaintiff above named Most Respectfully Sheweth :-

1. That Md sultan Ali Pradhan s/o Sabdhan ali was the recorded owner of land under
Mouza Barnish khatiyan no 521 plot no 4, 6 along with other plots land measuring 2
acres48 dec and 22dec.
2. That said sultan ali Pradhan was in actual possession of the suit land he use to
cultivate the land physically by self and through labour. The said sultan ali peadhan
died in and around 2011 living behind his wife sons grandsons and granddaughter they
are Amena kahtun, Mojammel haq, Abu Hussain Pradhan, Enamul Haq , Mustafa ali
Pradhan, yakub Pradhan, Ali-ul Pradhan, Salea khatun, Rabeya khatun ,Sahed khatun,
Jalekha Begam and Hamedul Begam.
3. That after the death of sultan ali pradhan his movable and immovable property
devolves upon his wife, sons and daughters.
4. That the plaintiff being the son looking after the entire property that is the suit
property on behalf of all the legal heirs and possessing the same by cultivation.
5. That recently the defendant who have no right title interest and possession taking
steps creating disturbance in the cultivating work of the plaintiff.
6. That the plaintiff are cultivator by profession and earn his lively hood form the income
of the suit land.
7. That the plaintiff and the other legal heirs have 16 Anna share in the suit plots that
is plot no 4, land measuring 2.48 acres and pot no 6 land measuring 0.22 acres.
8. That the boundary of the above land which the plaintiff specifically possessing and
paying khazna is butted and bounded on the north Rabi biswas, south Mahendra Biswas,
East–Gopal Sarkar, West Kolen Roy.
9. That the defendant is the neighbor of the plaintiff and residing near the suit land .
The defendant is dangerous and desperate in nature.
10. That on 03.12.2012 the defendant tried to destroy the existing crop that is potato and
assaulted the plaintiff and his family member including the mother of the plaintiff who
lodge the FIR to Maynaguri Police station on 3.12.2012.
11. That the defendant again on 10.12.2012 destroy some crops on the field and tried to
dispossess the plaintiff from the lawful possession but due to protest they could not
fulfill their evil motif.
12. That for the illegal acts of the defendant no 1to 5, are required to be restrained to
enter into the suit land or to create disturbance in any way in the peaceful enjoyment
of the suit land.
13. That the cause of action of the suit arose on 3.12.2012 and thereafter day to days and
is continuing within the jurisdiction of this Ld court.
14. That suit is for confirmation of possession and injunction valued Rs 81/- +10/- +10/-
=100/- and the court fee has accordingly been paid.

The plaintiff therefore pray:-

(a) A decree of confirmation of possession


(b) A permanent injunction restraining the defendant no 1 to 5 or any person claiming
through the defendants to enter into the suit property or to create any disturbance in
the peaceful enjoyment of the plaintiff.
(c) A temporary injunction in terms of prayer above.
(d) Cost of the suit
(e) Any other relief or relieves.

SCHEDULE

Dist Jalpaiguri, Mouza Barnish khatiyan no 521 plot no 4, 6 along with other plots land
measuring 2 acres48 dec and 22dec

butted and bounded on the north Rabi biswas, south Mahendra Biswas, East – Gopal Sarkar,
West Kolen Roy

VE R I F I C A T I O N

I, Mostafa Ali Pradhan, plaintiff of the instant suit do hereby declare that all the statements
made in foregoing paragraphs save the prayer portion are true to the best of my knowledge and
belief and prayer portion is my respectful submission before this Learned Court and I sign this
verification on this 14th day of December 2012 at Jalpaiguri.

AFFIDAVIT
I, Mostafa Ali Pradhan, S/O –Late Sultan ali Pradhan, resident of vill and PO Barnish , P.S.
– Maynaguri, District – Jalpaiguri, aged about-43 years, by religion – Islam, by occupation –
cultivator, do hereby solemnly affirm state and declare as follows :-

01. That I am the plaintiff of the above noted suit and am well conversant the facts and
circumstances of the instant case.
…. This is true to my knowledge.

02. That the statements made in foregoing paragraph no 1 to 14 are true to the best of my
knowledge and belief and the rests are the prayer portion is my humble submission
before this Ld. Court.

I sign this Affidavit on this the _____ this day of 2012 at Jalpaiguri.

District – Jalpaiguri.

In the Court of Learned Civil Judge Junior Division at, Jalpaiguri.

Title Suit No. 411 of 2012.

Mostafa Ali Pradhan

…. PLAINTIFF.

= VERSUS =

Rabi Biswas, &others,

…. DEFENDANT/OPPOSITE PARTY.

Petition U/O – 39 rule 1 & 2 read with Sec. 151 of Civil Procedure Code.
*********************************************

The petitioner / plaintiff above named Most Respectfully Sheweth:-

01). That your petitioner / plaintiff has filed the above noted suit with the following prayers:-

i. A decree of confirmation of possession


ii. A permanent injunction restraining the defendant no 1 to 5 or any person claiming
through the defendants to enter into the suit property or to create any disturbance in
the peaceful enjoyment of the plaintiff
iii. A temporary injunction in terms of the prayer above
iv. Cost of the suit
v. Any other relief or relieves

02). That the case of the plaintiff / petitioner is as follows:-

A. That That Md sultan Ali Pradhan s/o Sabdhan ali was the recorded owner of land under
Mouza Barnish khatiyan no 521 plot no 4, 6 along with other plots land measuring 2
acres48 dec and 22dec.
B. That said sultan ali Pradhan was in actual possession of the suit land he use to
cultivate the land physically by self and through labour. The said sultan ali peadhan
died in and around 2011 living behind his wife sons grandsons and granddaughter they
are Amena kahtun, Mojammel haq, Abu Hussain Pradhan, Enamul Haq , Mustafa ali
Pradhan, yakub Pradhan, Ali-ul Pradhan, Salea khatun, Rabeya khatun ,Sahed khatun,
Jalekha Begam and Hamedul Begam.
C. That after the death of sultan ali pradhan his movable and immovable property
devolves upon his wife, sons and daughters.
D. That the plaintiff being the son looking after the entire property that is the suit
property on behalf of all the legal heirs and possessing the same by cultivation.
E. That recently the defendant who have no right title interest and possession taking
steps creating disturbance in the cultivating work of the plaintiff.
F. That the plaintiff are cultivator by profession and earn his lively hood form the income
of the suit land.
G. That the plaintiff and the other legal heirs have 16 Anna share in the suit plots that
is plot no 4, land measuring 2.48 acres and pot no 6 land measuring 0.22 acres.
H. That the boundary of the above land which the plaintiff specifically possessing and
paying khazna is butted and bounded on the north Rabi biswas, south Mahendra Biswas,
East–Gopal Sarkar, West Kolen Roy.
I. That the defendant is the neighbor of the plaintiff and residing near the suit land .
The defendant is dangerous and desperate in nature.
J. That on 03.12.2012 the defendant tried to destroy the existing crop that is potato and
assaulted the plaintiff and his family member including the mother of the plaintiff who
lodge the FIR to Maynaguri Police station on 3.12.2012.
K. That the defendant again on 10.12.2012 destroy some crops on the field and tried to
dispossess the plaintiff from the lawful possession but due to protest they could not
fulfill their evil motif.
L. That for the illegal acts of the defendant no 1to 5, are required to be restrained to
enter into the suit land or to create disturbance in any way in the peaceful enjoyment
of the suit land

03). That the balance of convenience and inconvenience is in favour of this petitioner to have an
injunction order in his favour.

04). That the petitioner has no alternative relief to protect his possession except by way of injunction.

05). That the petitioner has not suppressed any material facts.

06). That if the injunction is granted the opposite party will not suffer any loss and injury as they are not
in possession of Schedule land.

That the petitioner/plaintiff therefore pray:-

i. A permanent injunction restraining the defendant no 1 to 5 or any person claiming


through the defendants to enter into the suit property or to create any disturbance in
the peaceful enjoyment of the plaintiff.
ii. An Ad-Interim injunction in terms of the prayer above
iii. Any other relief or relieves
SCHEDULE

Dist Jalpaiguri, Mouza Barnish khatiyan no 521 plot no 4, 6 along with other plots land
measuring 2 acres48 dec and 22dec

butted and bounded on the north Rabi biswas, south Mahendra Biswas, East – Gopal Sarkar,
West Kolen Roy

AFFIDAVIT

I, Mostafa Ali Pradhan, S/O –Late Sultan ali Pradhan, resident of vill and PO Barnish , P.S.
– Maynaguri, District – Jalpaiguri, aged about-43 years, by religion – Islam, by occupation –
cultivator, do hereby solemnly affirm state and declare as follows :-

01. That I am the plaintiff of the above noted suit and am well conversant the facts and
circumstances of the instant case.
…. This is true to my knowledge.

02. That the statements made in foregoing paragraph no 1 to 06 are true to the best of my
knowledge and belief and the rests are the prayer portion is my humble submission
before this Ld. Court.

I sign this Affidavit on this the _____ this day of 2012 at Jalpaiguri.
_______________________

Deponent.

Identified by me,

Advocate, Jalpaiguri

District – Jalpaiguri.
In the Court of Learned Civil Judge Junior Division at, Jalpaiguri.
Title Suit No. 411 of 2012.

Mostafa Ali Pradhan


…. PLAINTIFF.
= VERSUS =

Rabi Biswas, &others,

…. DEFENDANT/OPPOSITE PARTY.

REGISTERED ADDRESS FILED BY THE PLAINTIFF

Mostafa Ali Pradhan


S/O –Late Sultan ali Pradhan,
--resident of vill and PO Barnish ,
P.S. – Maynaguri,
District – Jalpaiguri.
Sri Chanchal Lahiri.
Advocate, Jalpaiguri.
HIGH COURT FORM NO. (P) 18 :
Temporary Injunction
(Order 39 rule 1 & 2 of C. P. Code.)
District – Jalpaiguri.

In the Court of Learned Civil Judge Junior Division at, Jalpaiguri.

Title Suit No. 411 of 2012.

Mostafa Ali Pradhan

…. PLAINTIFF.

= VERSUS =
Rabi Biswas, &others,

…. DEFENDANT/OPPOSITE PARTY.

1. Rabi Biswas,
2. Sri Mahendra Biswas , both are S/O –Abani Biswas.
3. Sri Manoj Biswas s/o Mahendra Biswas
4. Sri Sarar Sarkar s/o Gobinda Sarkar
5. Gobinda Sarkar s/o Kangali Sarkar
------ all are resident of vill and PO Barnish –P.S. – Maynaguri, District – Jalpaiguri

Upon motion made unto this Court by Sri Chanchal Lahiri, Advocate for the petitioner and upon
reading the TITLE SUIT of said Petitioner in the matter filed in this Court and upon perusing the documents of the
plaintiff in support thereof.

This Court doth Order “that Both the parties are directed to maintain Stas- quo as, in respect of possession as
well as nature and character of the suit property till next date ”.

SCHEDULE
Dist Jalpaiguri, Mouza Barnish khatiyan no 521 plot no 4, 6 along with
other plots land measuring 2 acres48 dec and 22dec
butted and bounded on the north Rabi biswas, south Mahendra Biswas,
East – Gopal Sarkar, West Kolen Roy

Given under my hand and the seal of the Court this day of December 1012
“JUDGE”

District – Jalpaiguri.

In the Court of Learned Civil Judge Junior Division at, Jalpaiguri.

Title Suit No. 411 of 2012.

Mostafa Ali Pradhan

…. PLAINTIFF.

= VERSUS =

Rabi Biswas, &others,

…. DEFENDANT/OPPOSITE PARTY.

AFFIDAVIT

Mostafa Ali Pradhan, S/O –Late Sultan ali Pradhan, resident of vill
I,
and PO Barnish , P.S. – Maynaguri, District – Jalpaiguri, aged about-43
years, by religion – Islam, by occupation – cultivator; do hereby solemnly affirm
state and declare as follows::-

01). That I am the Tadbirkarak of this present case and am well conversant with the facts
circumstances of the present case.

…. This is true to my knowledge and belief.

02). That the copy of the Plaint, Injunction petition and other documents relating to this
case has been sent to the through Registered Cover with A/D against the O.P.s vide Receipt No.
__________________ , __________________ , _________________, ___________________
&_____________________dated 31/01/20110 And in compliance with the order passed by this Court
on 29thday of January’ 2011. The said receipts are filed herewith.

…. This is true to my knowledge.

I have this affidavit on this day of December 1012

___________________________________

Declarent
Identified by me,

Advocate, Jalpaiguri.

Sri Chanchal Lahiri.


Advocate, Jalpaiguri.
NOTICE TO SHOW CAUSE :
District – Jalpaiguri.

In the Court of Learned Civil Judge Junior Division at, Jalpaiguri.

Title Suit No. 411 of 2012.

Mostafa Ali Pradhan

…. PLAINTIFF.

= VERSUS =

Rabi Biswas, &others,

…. DEFENDANT/OPPOSITE PARTY.

To,

1. Rabi Biswas,
2. Sri Mahendra Biswas , both are S/O –Abani Biswas.
3. Sri Manoj Biswas s/o Mahendra Biswas
4. Sri Sarar Sarkar s/o Gobinda Sarkar
5. Gobinda Sarkar s/o Kangali Sarkar
------ all are resident of vill and PO Barnish –P.S. – Maynaguri, District – Jalpaiguri
Whereas the above named plaintiff has made an application to this Court for temporary
injunction restraining the defendants no 1 to 5 to evict the plaintiff forceably from the suit
land.

You are hereby warned to appear in this Court in person or by Pleader duly
instructed within 10(Ten) days from the date of receipt of this Notice and to show cause as to why
– an injunction as prayed for be not granted, failing which the said application will be heard and
determined ex parte.

Given under my hand and the seal of the Court this day of December 1012

“JUDGE”
District – Jalpaiguri.

In the Court of Learned Civil Judge Junior Division at, Jalpaiguri.

Title Suit No. 411 of 2012.

Mostafa Ali Pradhan …. PLAINTIFF.

= VERSUS =

Rabi Biswas, &others,

…. DEFENDANT/OPPOSITE PARTY.

Prayer for Extension the injunction Order.

*********************************************

The plaintiff above named Most respectfully sheweth:-

01) That the plaintiff has filed the above suit on- 14.12.2012 along with an injunction
petition and after hearing Ld. Court was pleased to pass an order of injunction in the
form of status-quo.

02) That today has been fixed for hearing of the injunction petition but as the injunction
petition has not been heard the ad-interim injunction order passed on- is
required to be extended till the hearing of the injunction petition.
In the aforesaid circumstances it is prayed that Your Honour would be
graciously be pleased to extend the ad-interim injunction order till the
hearing of the injunction petition for the interest of justice.

AFFIDAVIT

I, Sanju Barman ,s/o N.c.Borman age about 29 ,law clerk ,sajnapara, p.o.
SreeramparaDistrict – Jalpaiguri, aged , do hereby solemnly affirm state and declare as follows
:-
01. That I am the tadbirkarak of the above noted suit and am well conversant the facts and
circumstances of the instant case.

…. This is true to my knowledge.

02. That the statements made in foregoing paragraph no 1 to 02are true to the best of my
knowledge and belief and the rests are the prayer portion is my humble submission
before this Ld. Court.

I sign this Affidavit on this th day of 2013 at Jalpaiguri.

_______________________

Deponent.

Identified by me,

Advocate, Jalpaiguri
District – Jalpaiguri.

In the Court of Learned Civil Judge Junior Division at, Jalpaiguri.

Title Suit No. 411 of 2012.

Mostafa Ali Pradhan …. PLAINTIFF.

= VERSUS =

Rabi Biswas, &others,

…. DEFENDANT/OPPOSITE PARTY

Examination-in-Chief by way on Affidavit

U/O – 18 Rule 4 of Civil Procedure Code


Filed by the plaintiff No. 1 Gour Barman as a P.W. 1.

===========================================

I, Sri Gour Barman S/O – Late Tarak Barman, aged about – 42 years, by religion – Hindu, by
occupation – Cultivator, residing at Prodhan Para, P. O.- Kadobari,P. S. – Kotwali, District –
Jalpaiguri ; do hereby solemnly affirm state and declare as follows :-

01). I say and affirm that I am the plaintiff no 1 of this suit and I depose for myself.

…… This is true to my knowledge.

2. I say and affirm that I Md sultan Ali Pradhan s/o Sabdhan ali was the
recorded owner of land under Mouza Barnish khatiyan no 521 plot
no 4, 6 along with other plots land measuring 2 acres48 dec and
22dec. …… This is true to my knowledge.
3. I say and affirm that I said sultan ali Pradhan was in actual possession of
the suit land he use to cultivate the land physically by self and
through labour. The said sultan ali peadhan died in and around
2011 living behind his wife sons grandsons and granddaughter they
are Amena kahtun, Mojammel haq, Abu Hussain Pradhan, Enamul
Haq , Mustafa ali Pradhan, yakub Pradhan, Ali-ul Pradhan, Salea
khatun, Rabeya khatun ,Sahed khatun, Jalekha Begam and Hamedul
Begam. …… This is true to my knowledge.
4. I say and affirm that after the death of sultan ali pradhan his movable
and immovable property devolves upon his wife, sons and daughters.
…… This is true to my knowledge.
5. I say and affirm that I the plaintiff being the son looking after the entire
property that is the suit property on behalf of all the legal heirs
and possessing the same by cultivation.
…… This is true to my knowledge.
6. I say and affirm that I recently the defendant who have no right title
interest and possession taking steps creating disturbance in the
cultivating work of the plaintiff.
…… This is true to my knowledge.
7. I say and affirm that I the plaintiff are cultivator by profession and earn
his lively hood form the income of the suit land.
…… This is true to my knowledge.
8. I say and affirm that the plaintiff and the other legal heirs have 16 Anna
share in the suit plots that is plot no 4, land measuring 2.48 acres
and pot no 6 land measuring 0.22 acres.
…… This is true to my knowledge
9. I say and affirm that the boundary of the above land which the plaintiff
specifically possessing and paying khazna is butted and bounded on
the north Rabi biswas, south Mahendra Biswas, East–Gopal Sarkar,
West Kolen Roy. ……
This is true to my knowledge.
10. I say and affirm that the defendant is the neighbor of the plaintiff and
residing near the suit land . The defendant is dangerous and desperate
in nature.
…… This is true to my knowledge.
11. I say and affirm that on 03.12.2012 the defendant tried to destroy the
existing crop that is potato and assaulted the plaintiff and his
family member including the mother of the plaintiff who lodge the
FIR to Maynaguri Police station on 3.12.2012.
…… This is true to my knowledge.
12. That the defendant again on 10.12.2012 destroy some crops on the
field and tried to dispossess the plaintiff from the lawful possession
but due to protest they could not fulfill their evil motif.
…… This is true to my knowledge.
13. I say and affirm that for the illegal acts of the defendant no 1to 5, are
required to be restrained to enter into the suit land or to create
disturbance in any way in the peaceful enjoyment of the suit land.
……
This is true to my knowledge.
14. I say and affirm that the cause of action of the suit arose on 3.12.2012
and thereafter day to days and is continuing within the jurisdiction
of this Ld court.
…… This is true to my knowledge.
15. I say and affirm that suit is for confirmation of possession and injunction
valued Rs 81/- +10/- +10/- =100/- and the court fee has accordingly
been paid.
…… This is true to my knowledge.
16. I say and affirm that I am reasonable apprehend that the defendants will forcibly
dispossess us me from our lawful possession.
…… This is true to my knowledge.
17. I say and affirm that the defendants are required to be permanently restrained to
dispossess of us and disturbed in any way in the peaceful enjoyment of the property.
…… This is true to my knowledge.
18. I say and affirm that the cause of action for the suit arose on 06/06/1999 within the
jurisdiction of this Ld. Court and the same in continuing.
…… This is true to my knowledge.
19. I have filed the Original Document on a separate Sheet to marked as exhibit on plaintiff
side. …… This is true to my knowledge.

20) I say and affirm that the statement in written statement are denied and disputed and
defendant is required to strict proof thereof.
…… This is true to my knowledge.
21) . I pray decree as per prayer in the plaint.…… This is true to my knowledge.

I sign this Affidavit in chiefon this ________ day of Dec 2013 at Jalpaiguri Court.

_________________________
(Declarent)
Identified by me.

Advocate, Jalpaiguri.

In the Court of Learned Civil Judge Junior Division at Jalpaiguri.


Title Suit No. 411 of 2012.

Mostafa Ali Pradhan

…. PLAINTIFF.

= VERSUS =

Rabi Biswas & OTHERS

……Defendants

An application under order 6 rule 17 of CPC read with section 151 of CPC
filed by the plaintiff

The plaintiff above named Most respectfully shewith

1. That today is fixed for argument.

2. That on scrutiny of plaint it reveals that some fact is required to be impleded


by way of Amendment for proper adjudication of the disputes in the present
case .
3. That in spite of due diligence plaintiff could not have raised this matter
before the commencement of trial .

4. That the amendment petition is very simple and will not change the nature
and character of the suit.

5. That if the amendment is allowed neither party will be prejudiced


Cont p/2

=2=

6. That if the amendment is not allowed plaintiff will suffer irreparable loss and
injury which can not be compensated in any way .
7. That the amendment petition is bonafide

In the aforesaid circumstances it is prayed that your Honour would


be graciously pleased to allow the amendment as proposed
hereunder for the ends of justice.

Proposed amendment

After the para no 1 the following be inserted as sub para

‘’That the predecessor of the plaintiff Sultan Ali i.e the father of the plaintiff
was the recorded owner of the suit land by way of RS khatian vide no 4 under
Mouza Barnis ’’ .
Cont p/3

AFFIDAVIT

I,Mostafa Ali Pradhan, S/O –Late Sultan ali Pradhan, resident of vill
and PO Barnish , P.S. – Maynaguri, District – Jalpaiguri, aged about-43
years, by religion – Islam, by occupation – cultivator, do hereby solemnly
affirm state and declare as follows :-

01. That I am the plaintiff of the above noted suit and am well conversant
the facts and circumstances of the instant case.

…. This is true to my knowledge.


02. That the statements made in foregoing paragraph are true to the best
of my knowledge and belief and the rests are the prayer portion is my
humble submission before this Ld. Court.

I sign this Affidavit on this the _____ this day of 2017 at


Jalpaiguri.
Amended Plaint

In the Court of Learned Civil Judge Junior Division at, Jalpaiguri.

(Suit for Confirmation of possession and Injunction valued at Rs. 100/-)

Title Suit No. 411 of 2012.


Mostafa Ali Pradhan, S/O –Late Sultan ali Pradhan,
resident of vill and PO Barnish , P.S. – Maynaguri,
District – Jalpaiguri.

…. PLAINTIFF.

= VERSUS =

1) Rabi Biswas,
2) Sri Mahendra Biswas , both are S/O –Abani Biswas.
3) Sri Manoj Biswas s/o Mahendra Biswas
4) Sri Sarar Sarkar s/o Gobinda Sarkar
5) Gobinda Sarkar s/o Kangali Sarkar
6) Dilip Sarkar,s/o Dinesh Sarkar
7) Noshi Sarkar
8) Jogesh Sarkar, both are s/o Roycharan Sarkar
9) Nil Kamal Sarkar
10) Bimal Sarkar both are s/o sri Charan Sarkar
11) Kapil Mondal, s/o Kesta Mondal
12) Sabuj Sarkar s/o Dipu Sarkar
13) Dipak Sarkar, s/o Nishi Sarkar
14) Meghlal Mondal s/o Khetramohan Mondal
15) Sibhasah Biswas s/o Sukantha Biswas
16) Babu Sarkar, s/o Sadhu Sarkar
17) Prasanta Sarkar s/o Madhu Sazrkar ------ all are resident
of vill and PO Barnish –P.S. – Maynaguri, District –
Jalpaiguri

…. DEFENDANT.

The Plaintiff above named

Most Respectfully Sheweth :-

1) That Md sultan Ali Pradhan s/o Sabdhan ali was the recorded owner of land
under Mouza Barnish khatiyan no 521 plot no 4, 6 along with other plots
land measuring 2 acres48 dec and 22dec.
That the predecessor of the plaintiff Sultan Ali i.e the father of the plaintiff was
the recorded owner of the suit land by way of R.S. Khatian, vide no 4 under Mouza
Barnis.
Cont…P/2
=2=

2) That said sultan ali Pradhan was in actual possession of the suit land he
use to cultivate the land physically by self and through labour. The said
sultan ali peadhan died in and around 2011 living behind his wife sons
grandsons and granddaughter they are Amena kahtun, Mojammel haq, Abu
Hussain Pradhan, Enamul Haq , Mustafa ali Pradhan, yakub Pradhan, Ali-ul
Pradhan, Salea khatun, Rabeya khatun ,Sahed khatun, Jalekha Begam and
Hamedul Begam.
3) That after the death of sultan ali pradhan his movable and immovable
property devolves upon his wife, sons and daughters.
4) That the plaintiff being the son looking after the entire property that is the
suit property on behalf of all the legal heirs and possessing the same by
cultivation.
5) That recently the defendant who have no right title interest and possession
taking steps creating disturbance in the cultivating work of the plaintiff.
6) That the plaintiff are cultivator by profession and earn his lively hood form
the income of the suit land.
7) That the plaintiff and the other legal heirs have 16 Anna share in the suit
plots that is plot no 4, land measuring 2.48 acres and pot no 6 land
measuring 0.22 acres.
8) That the boundary of the above land which the plaintiff specifically
possessing and paying khazna is butted and bounded on the north Rabi
biswas, south Mahendra Biswas, East–Gopal Sarkar, West Kolen Roy.
9) That the defendant is the neighbor of the plaintiff and residing near the suit
land . The defendant is dangerous and desperate in nature.
10) That on 03.12.2012 the defendant tried to destroy the existing crop that is
potato and assaulted the plaintiff and his family member including the
mother of the plaintiff who lodge the FIR to Maynaguri Police station on
3.12.2012.

Cont…P/3

=3=
11) That the defendant again on 10.12.2012 destroy some crops on the field and
tried to dispossess the plaintiff from the lawful possession but due to
protest they could not fulfill their evil motif.
12) That for the illegal acts of the defendant no 1to 5, are required to be
restrained to enter into the suit land or to create disturbance in any way in
the peaceful enjoyment of the suit land.
13) That the cause of action of the suit arose on 3.12.2012 and thereafter day
to days and is continuing within the jurisdiction of this Ld court.
14) That suit is for confirmation of possession and injunction valued Rs. 100/-
and the court fee has accordingly been paid.
The plaintiff therefore pray:-
I. A decree of confirmation of possession
II. A permanent injunction restraining the defendant no 1 to 5 or any person
claiming through the defendants to enter into the suit property or to create
any disturbance in the peaceful enjoyment of the plaintiff.
III. A temporary injunction in terms of prayer above.
IV. Cost of the suit
V. Any other relief or relieves.

SCHEDULE
Dist Jalpaiguri, Mouza Barnish khatiyan no 521 plot no 4, 6 along with other plots
land measuring 2 acres48 dec and 22dec

butted and bounded on the north Rabi biswas, south Mahendra Biswas, East – Gopal
Sarkar, West Kolen Roy
VERIFICATION

I, Mostafa Ali Pradhan, plaintiff of the instant suit do hereby declare that all the
statements made in foregoing paragraphs save the prayer portion are true to the best of
my knowledge and belief and prayer portion is my respectful submission before this
Learned Court and I sign this verification on this 05th day of January 2018 at
Jalpaiguri.

Cont…P/4

=4=

AFFIDAVIT
I, Mostafa Ali Pradhan, S/O –Late Sultan ali Pradhan, resident of vill

and PO Barnish , P.S. – Maynaguri, District – Jalpaiguri, aged about-43

years, by religion – Islam, by occupation – cultivator, do hereby solemnly

affirm state and declare as follows :-

I. That I am the plaintiff of the above noted suit and am well conversant

the facts and circumstances of the instant case.

…. This is true to my knowledge.

II. That the statements made in foregoing paragraph no 1 to 14 are true

to the best of my knowledge and belief and the rests are the prayer

portion is my humble submission before this Ld. Court.

I sign this Affidavit on this the 05th this day of January 2018 at
Jalpaiguri.
_________________________
(Declarent)
Identified by me.

Advocate, Jalpaiguri.

District – Jalpaiguri.

In the Court of Learned Civil Judge Junior Division at, Jalpaiguri.

Title Suit No. 411 of 2012.

Mostafa Ali Pradhan

…. PLAINTIFF.

= VERSUS =
Rabi Biswas, &others,

…. DEFENDANT/OPPOSITE PARTY

Examination-in-Chief by way on Affidavit


U/O – 18 Rule 4 of Civil Procedure Code
Filed by the plaintiff No. 1 Gour Barman as a P.W. 1.
===========================================
I, Sri Gour Barman S/O – Late Tarak Barman, aged about – 42 years, by religion – Hindu, by
occupation – Cultivator, residing at Prodhan Para, P. O.- Kadobari,P. S. – Kotwali, District –
Jalpaiguri ; do hereby solemnly affirm state and declare as follows :-
1. I say and affirm that I am the plaintiff no 1 of this suit and I depose for myself.
…… This is true to my knowledge.
2. I say and affirm that I have filed an R.T.I for the R.S. Khatian before the B.L. & L.R.O.
Maynaguri and they provide me a separate khatian in the name of my Vide khatian
No. 4, Mouza - Barnish.
…… This is true to my knowledge.
3. have filed the Original Document on a separate Sheet to marked as exhibit on
plaintiff side. …… This is true to my knowledge.
4. I say and affirm that the statement in written statement are denied and disputed and
defendant is required to strict proof thereof.
…… This is true to my knowledge.
5. I pray decree as per prayer in the plaint.…… This is true to my knowledge.

I sign this Affidavit in chiefon this ________ day of April 2018 at Jalpaiguri Court.

_________________________
(Declarent)
Identified by me.

Advocate, Jalpaiguri.

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