IN THE COURT OF THE LEARNED CIVIL JUDGE (JUNIOR DIVISION)

AT SEALDAH

TITLE SUIT No. OF 2022

In the Matter of :-
RANU SAHA, wife of Manotosh Saha,
aged about 58 years, residing at 13A,
Haralal Das Street, Police Station
Entally, Kolkata – 700 014
………… PLAINTIFF

VERSUS
1. ANIRBAN SENGUPTA, son of Late
Dipak Sengupta residing at 11/A, Roy
Para Road, P. S. and P. O. – Sinthee,
Kolkata – 700 050
2. SINTHEE PEARA BAGAN CLUB, a
society registered under West Bengal
Societies Registration Act, 1961
bearing Registration No. SO185577
having its registered address at
Premises No. 107, South Sinthee
Road, Police Station – Sinthee, Post
Office – Ghugudanga, Kolkata – 700
030 represented by its
a. President, APURBA KAR, son of
Late Haripada Kar residing at 1/A,
Kedarnath Das Lane, Police Station
– Sinthee, Post Office –
Ghugudanga, Kolkata – 700 030
and
b. Secretary, DIPAK KUMAR DAS, son
of Late Debendra Nath Das,
 residing at 118B, South Sinthee
Road, Police Station – Sinthee, Post
Office – Ghugudanga, Kolkata –
700 030

……… DEFENDANTS

SUIT FOR DECLARATION VALUED AT RS. 100/- AND PERMANENT

MOST RESPECTFULLY SHEWETH:-

1. That land measuring 01 cottah 11 chittack and 40 sq. ft. in

premises no. 6H, Kedarnatha Das Lane (in the name of Amal

Kumar Das having Assessee No. 110021300305) and Land

measuring 01 cottah 06 sq. ft. in Premises No. 6K/1A,

Kedarnath Das Lane (in the name of Ajoy Kumar Das having

Assessee No. 110021300329) total land measuring 02 cottah 12

chittack and 22 sq. ft. be the same a little more or less of danga

land lying and situated at Mouza – Sinthi No. 1 division and No.

16 sub division having Holding No. 39, within the limits of

Kolkata Municipal Corporation Ward No. 002, Borough - I more

fully described in the schedule hereunder is the suit property of

the instant suit and which is within the territorial jurisdiction of

this Learned Court.

2. That the suit property was originally seized and possessed by

Amal Kumar Das having Premises No. 6H, Kedarnath Das Lane

and by Ajoy Kumar Das having Premises No. 6K, Kedarnath Das

Lane by dint of Pushkarini Ponjikta registered kobala deed

recorded in Book No. 1 Volume No. 27, Pages from 278 to 281

being no. 6911 for the year 1958.

3. That subsequently Premises No. 6K, Kedarnath Das Lane in the

name of Ajoy Kumar Das was renumbered as 6K/1A, Kedarnath

Das Lane.

4. That while said Amal Kumar Das and Ajoy Kumar Das, were in

exclusive possession of the suit property they transferred the

same in favour of Smt. Chayya Rani Das who is their mother by

executing a Deed of Sale on 25.03.1975 registered before the

Sub – Registrar Cossipore – Dum Dum, recorded in Book No. I,

Volume No. I, Pages from 287 to 297 being no. 3145 for the year

1975 and delivered possession of the suit property in her

favour.

5. That while said Chayya Rani Das in exclusive possession of the

suit property she transferred the same in favour of Sadnanda

Sarkar by executing a Deed of Sale on 14.11.1975 registered

before the Sub – Registrar Cossipore – Dum Dum, recorded in

Book No. I, Volume No. 159, Pages from 155 to 159 being no.

9501 for the year 1975 and delivered possession of the suit

property in his favour.

6. Thereafter while the said Sadannanda Sarkar was in exclusive

possession of the suit property he transferred the same in

favour of the present Plaintiff by executing a Deed of Sale on

03.02.1995 registered before the Sub – Registrar Cossipore –

Dum Dum, recorded in Book No. I, Volume No. 10, Pages from
 99 to 112 being no. 405 for the year 1995 and delivered

possession of the suit property in her favour. After having the

possession plaintiff have given relevant taxes with the

concerned department of Kolkata Municipal Corporation, but

the name of Ajoy Kumar Das and Amal Kumar Das are still

being recorded as Assessee in respect of the suit property.

However the plaintiff is physically in possession. It is

noteworthy to mention here that the said Deed of plaintiff has

been lost from his custody and to that effect the plaintiff have

filed a General diary before the Entally Police station bearing

no. 533 dated 04.08.2022.

7. That on 4th August, 2022 at about 12.30 p.m. in the afternoon

the Plaintiff went to the Suit Property and saw that the

Defendant No. 1 is making an attempt with aid of some labours

to enter into the suit property but with the strong resistance of

the plaintiff the defendant No. 1 failed to enter the suit property.

The Plaintiff out of curiosity asked the Defendant No. 1 why he

is doing the same on the suit property. Then the Defendant No.

1 contended that now he is the owner of the suit property and

intends to do construction therein. The Plaintiff further

confronted the Defendant No. 1 to show his title related papers

but he refused and threatened her along with others to leave

the spot. The Plaintiff immediately went to the Sinthi Police

Station and intimated the illegal activities of the Defendant No.

1 at the Suit Property vide a written complaint dated

04.08.2022 and subsequently for the wrongful and illegal

written complaint before the Officer – in – Charge, Sinthi Police

Station on 07.08.2022.

8. That on the said illegal attempts of the defendants the plaintiff

have filed an application under section 144(2), Cr.P.C. against

the Defendant mentioning the said illegal activities of the

Defendants.

9. Thereafter the Plaintiff have smell a rat and made necessary

searches over internet in the official website of West Bengal

Stamp and Registration Department. The plaintiff found one

entry in office of A. D. S. R. Cossipore Dum Dum in the year

2022 in respect of the suit property having recorded in Book No.

I, Volume 1506 – 2022, pages from 274440 to 274456 being No.

6229 for the 2022 having the said entry the plaintiff have

obtained the certified copy of the said Deed and have found that

the Defendant no. 2 through its representatives as mentioned in

the cause title have transferred the suit property along with

other properties in favour of the Defendant No. 1 vide the

aforesaid deed.

10. That being astonished with the said transfer the plaintiff have

further gone through the said deed and found that in page no. 4

of the certified copy that Ajoy Kumar Das allegedly have

transferred in favour of Defendant No. 2 herein, land measuring

04 cottahs 06 chittack and 22 sq. ft. which includes the suit

property of the instant suit on 25.03.1975 by virtue of a Deed of

Gift bearing no. 3130 for the year 1975 allegedly registered
 before the office of the Sub – Registrar, Cossipore – Dum Dum,

illegally despite of transferring the same in favour of her mother

Chayya Rani Das.

11. Thereafter the plaintiff again made searches in the records of

the ADSR Cossipore – Dum Dum at the Office of D. S. R – I

North 24 Parganas and have got the report under the Seal and

sign of D. S. R – I North 24 Parganas that no such Deed is

available in respect of Deed recorded in Book No. I, Volume No.

01, pages from 274 to 280, for the year 1975 being no. 3130 on

28.09.2022.

12. That having the aforesaid plaintiff have filed an application

Under Section 6 of the R. T. I. Act, 2005 dated 30.09.2005

before the SPIO, Directorate of Registration and Stamp

Revenue, DIGR Inspection, through her Learned Advocate

Bibaswan Mukherjee, Barasat Court and also have lodged her

grievance in the official website of West Bengal Stamp and

Registration Department being No. GV0000000927/2022 but

unfortunately till this date Your Plaintiff have not received any

answer of the said RTI and the said grievance.

13. Be it noted here that in the above mentioned certified copy of

Deed of Conveyance in the year 2022 the plaintiff have further

found that the defendant no. 2 have received Rs. 56,50,000/-

including an amount of Rs.14,00,000/- in cash which is illegal.

14. Thus, the defendant nos. 1 and 2 have never got any right title

and interest in respect of the suit property by virtue of the

above mentioned alleged Deed of Gift dated 25.03.1975 being

Cossipore – Dum Dum and Deed of Conveyance dated

12.05.2022 being No. 6229 registered before the Office of the A.

D. S. R., Cossipore – Dum Dum and the said alleged deeds are

not acted upon and binding upon the present plaintiff and as

such the said deeds are liable to be declared null and void.

15. That as the defendant no. 1 in collusion with the defendant no.

2 are continuing to do the illegal acts with malafide intention to

enter the suit property on the basis of the above mentioned

illegal deeds, on 16.11.2022 the present plaintiff lodged a

written complaint before the Officer – in – Charge, Sinthi Police

Station stating her grievances therein, but all in vain.

16. Be it noted here that land measuring 01 cottah 11 chittack and

40 sq. ft. in premises no. 6H, Kedarnatha Das Lane and Land

measuring 01 cottah 06 sq. ft. in Premises No. 6K/1A,

Kedarnath Das Lane total land measuring about 02 cottah 12

chittack and 02 sq. ft., is used by the plaintiff as a single unit

but officially it has not been amalgamated in the records of

Kolkata Municipal Corporation and the plaintiff is also in

possession of the said two premises. And the Defendants on the

basis of above mentioned two illegal deeds are trying to enter

into the whole suit property by dispossessing the plaintiff from

its peaceful possession.

17. That the defendant no. 2 is a local club and politically

influenced and the defendant no. 1 is also a very influential

person and for the above mentioned illegal activities of the

above mentioned illegal deeds the title of the plaintiff over the

suit property has been clouded and having no other alternative

the plaintiff have filed the instant suit praying for the decree of

declaration of title over the suit property, decree of declaration

that the alleged Deed of Gift dated 25.03.1975 being No. 3130

registered before the Office of the Sub – Registrar, Cossipore –

Dum Dum and Deed of Conveyance dated 12.05.2022 being No.

6229 registered before the Office of the A. D. S. R., Cossipore –

Dum Dum are void, illegal, neither acted upon nor binding

upon the present plaintiff and/or an order of injunction

restraining the defendants from entering the suit property

and/or from changing the nature and character of the suit

property, temporarily till the disposal of the suit and

permanently after trial in the same manner.

18. That the cause of action firstly arose on 04.08.2022 when the

plaintiff observed for the first time that the defendant no. 1 are

trying to enter the suit property illegally, continuing thereafter

on 07.08.2022 when the defendants further tried to continue

such illegal activities, thereafter on ________ when the plaintiff

obtained the certified copy of alleged Deed of Conveyance dated

12.05.2022 being no. 6229 allegedly registered before the Office

of the A. D. S. R., Cossipore – Dum Dum and have came to

know about the alleged deed along with the Deed of Gift dated

25.03.1975 being No. 3130 allegedly registered before the Office

of the S. R., Cossipore – Dum Dum and the next cause of action
 arose on 28.09.2022 when the plaintiff have got the report from

the Office of D. S. R – I, North 24 Parganas about the non –

availability of the alleged deed along with the Deed of Gift dated

25.03.1975 being No. 3130 allegedly registered before the Office

of the S. R., Cossipore – Dum Dum and the last cause of action

arose on 16.11.2022 when the present plaintiff lodged a written

complaint before the Officer – in – Charge, Sinthi Police Station

stating her grievances therein, but all in vain within Mouza –

Sinthi Police Station – Sinthi which is within the jurisdiction of

this Learned Court.

19. That for the purpose of determining the pecuniary jurisdiction

the instant suit is valued at Rs.100/- for declaration and

Rs.100/- for permanent injunction. Total Value of the Suit is

Rs.200/- and requisite Court Fees has been paid accordingly.

Therefore, the plaintiff prays for the following

relief/reliefs:

a. A decree of declaration of title over the

suit property in favour of the plaintiff

against the defendants;

b. A decree of declaration that the alleged

Deed of Gift dated 25.03.1975 being

No. 3130 registered before the Office of

the Sub – Registrar, Cossipore – Dum

Dum and Deed of Conveyance dated

12.05.2022 being No. 6229 registered

Cossipore – Dum Dum are void, illegal,

neither acted upon nor binding upon

the present plaintiff;

c. An order of injunction restraining the

defendants from entering the suit

property and/or from changing the

nature and character of the suit

property, temporarily till the disposal of

the suit and permanently after trial in

the same manner;

d. Costs;

e. And any other relief or reliefs the

plaintiff herein is entitled to Your

Honour may deem fit and proper as per

equity or law.

SCHEDULE

All that piece and parcel of land measuring 01 cottah 11 chittack and

40 sq. ft. in premises no. 6H, Kedarnatha Das Lane (in the name of

Amal Kumar Das having Assessee No. 110021300305) and Land

measuring 01 cottah 06 sq. ft. in Premises No. 6K/1A, Kedarnath Das

Lane (in the name of Ajoy Kumar Das having Assessee No.

110021300329) total land measuring 02 cottah 12 chittack and 22

sq. ft. be the same a little more or less of danga land lying and

situated at Mouza – Sinthi No. 1 division and No. 16 sub division

having Holding No. 39, within the limits of Kolkata Municipal

in the site plan attached with the present plaint, which is butted and

bounded as follows:

On the North – Kacha drain

On the South – Plot No. 2 and 17 and 16 feet wide common passage

On the East – By Premises No. 109

On the West – Kacha Drain

VERIF ICATION

I, Ranu Saha, wife of Manotosh Saha, being petitioner of the instant

application and well conversant with the facts and circumstances

state herein above, do hereby verify and affirm that I am competent to

make this application and the statements made in the aforesaid

paragraphs are true to best of my knowledge and belief and I sign this

verification on this the 08th day of August, 2022 at Sealdah court

premises.

Affidavit

I, RANU SAHA, wife of Manotosh Saha, aged about 58 years, by faith

Hindu, By Occupation Housewife residing at 13A, Haralal Das Street,

Police Station Entally, Kolkata – 700 014, do hereby solemnly affirm

as follows:-

1. That I am the plaintiff of the instant suit and well conversant of

the facts of this case. ….this is true to my Knoeledge.

2. That the statements made in the above mentioned are true to

bet of my Knowledge faith and information and I sign this

affidavit in the Barasat Court premises on

Identified by me

Advocate

** The list of Relevant Documents has been filed separately with

Firisti