X —-Plaintiff/Petitioner -Versus- Y and others —Defendants

IN THE COURT OF ASSISTANT JUDGE, RAIPURA, NARSINGDI

TITLE SUIT NO …/_________

IN THE MATTER OF:

An application under Order XXXIX, Rule 1 and 2 of the Code of Civil Procedure, 1908 for temporary injunction.

And

IN THE MATTER OF:

X

—-Plaintiff/Petitioner

-Versus-

Y and others

—Defendants/opposite parties

The Plaintiff/petitioner most respectfully-

SHEWETH:

1. That the Plaintiff/petitioner (the “petitioner”) prays for the declaration of title of the land of 1.69 decimals out of 4.5 decimals land under Methikanda Mouza of the schedule-“B” below.

2. That the facts of the application in brief as follow:

(a) That petitioner purchased the schedule-“B” land of 4.5 decimals out of 9 (nine) decimals of District Narsingdi, Mouza: Methikanda, Thana: Raipura, Village: Methikanda, Sub-Registry office: Raipura and Khatian No. C.S. 534, S.A. 963, R.S. 1066 and Dag No. C.S. 1431, S.A. 1431, R.S. 4038 from Mrs. Bina Rani Pal, wife of Mr. Monindra Chandra Pal by a Deed of Sale being No. 14094 dated 16.11.2005.

(b) That the boundary of the schedule land is in the North: the Railway land, in the South: heirs of Sirajul Huq Mukter (Panna and others), in the East: Alal Uddin (Dilip Kumar Pal and others) and in the West: Santi Ranjan Shill (Ponchnandra Shill).

(c) That Mrs. Bina Rani Pal obtained the 4.5 decimals land of same Khatian Nos and same Dag Nos. mentioned in paragraph No. 2 from her husband, Mr. Monindra Chandra Shill by a registered Deed of gift executed by her husband being Deed of gift No. 2078 dated 17.02.1993 in favour of Mrs. Bina Rani Pal. Having obtained the said land from her husband, Mrs. Bina Rani Pal mutated her land in her name being Mutation Khatian No. 1066 and the mutation case No. 401/2005-2006 dated 11.09.2005. Mrs. Bina Rani Pal had been paying the ground taxes regularly.

(d) That the petitioner having purchased the schedule-“B” land, obtained the possession of the land and has been in the possession of the schedule-“A” land since the date of purchase on 16.11.2005. The petitioner mutated the schedule land in his name being mutation Khatian No. 1066 and mutation Khatian Case no. 2851/05-06 dated 20.04.2006. The petitioner has been paying the ground rents regularly till date.

(e) That the opposite party No. 1 fraudulently created a title deed where it is stated that he obtained the 1.69 decimals land out of 4.5 decimals land stated in schedule-“A” by a fraudulent Deed of Sale being No. 12842 dated 23.11.99 from Mr. Dilip Chandra Pal. In fact, Mr. Dilip Chandra Pal never had the title and possession of said land. Since Mrs. Bina Rani Pal obtained the schedule-“A” land by a registered Deed of gift being 2078 dated 17.02.1993 from her husband, Mr. Monindra Chandra Shill, the schedule-“B” land along with 2.81 decimals land of the same Dag in schedule-“A” had been under the possession and ownership of Mrs. Bina Rani Pal and she had been paying ground rents till 1412 B.S.

(f) That the opposite party No. 1 having obtained the so called title by a fraudulent deed, mortgaged the same schedule-“B” land fraudulently to the opposite party No. 2 to secure his loan in his proprietorship’s name, “Harun Traders”. Subsequently, the opposite party No. 1 became the defaulter to the opposite party No. 2. The opposite party No. 2 filed the Artha Rin Suit being No. 7/05 in the Artha Rin Court, Narsingdi. The opposite party No. 2 obtained the judgment and decree in their favour. The opposite party No. 2 filed the Artha Jari Case No. 1/07 for the recovery of taka 5,36,000.00 (taka five lac thirty six thousand). Finally, the learned Artha Rin Court issued the certificate u/s 33(7) of the Artha Rin Adalat Ain, 2003 in favour of the opposite party No. 2.

(g) That the opposite party No. 1 and the opposite party No. 2 are threatening the opposite party No. 2 to oust from the schedule land. The petitioner served a legal notice by a lawyer to the opposite party No. 2 for amicable settlement on 25.01.2009. But the opposite parties denied to do so. Rather, the opposite party No. 1 threatened the petitioner in dangerous means. The petitioner filed a General Diary (G.D.) in the concerned police station. The opposite party No. 2 with the help of opposite party No. 1 playing tactics to deprive the petitioner forever although they have the clear knowledge of defects of title of the mortgage deed. Having found no other alternative, the petitioner is bound to file this title suit for declaration.

3. That the petitioner has the dwelling house in the schedule land and has been living there since the petitioner purchased the same on 16.11.2005. If he is dispossessed from the schedule land, he will suffer irreparable loss.

4. That the petitioner has the strong prima facie arguable case to allow the said petition and the balance of convenience and inconvenience are always in favour of the petitioner and against the opposite parties. The opposite party No. 1 most illegally and fraudulently created a title deed of the schedule land in his favour and mortgaged the same to secure his loan and the opposite party No. 2 obtained the certificate u/s 33(7) of the Artha Rin Adalat Ain, 2003 on the basis of the fake mortgage deed. At present, the opposite parties are trying to oust the petitioner from his land and if they are successful to oust the petitioner from the schedule land, then the petitioner shall suffer the irreparable loss which never be remedied.

Therefore, it is humbly prayed to the learned Court that your honour would graciously be pleased to issue show cause notice to the opposite parties that why the opposite parties would not be restrained by the temporary injunction and upon hearing of the parties, your honour may restrain the opposite parties by temporary injunction.

And

Pending hearing of the notice, your honour may kindly be pleased to issue an ad-interim injunction.

And for this act of kindness the petitioner as in duty bound shall ever pray.

SCHEDULE-“A”

4.5 decimals land out of 9 decimals of District: Narsingdi, Mouza: Methikanda, Thana: Raipura, Village: Methikanda, Sub-Registry office: Raipura and Khatian Nos. C.S. 534, S.A. 963, R.S. 1066 and Dag Nos. C.S. and S.A. 1431, R.S. 4038 the schedule land is butted and bounded by the following:

(i) North: the Railway land,

(ii) South: heirs of Sirajul Huq Mukter (Panna and others),

(iii) East: Alal Uddin (formerly Dilip Kumar Pal and others) and

(iv) West: Santi Ranjan Shill (formerly Ponchnandra Shill).

SCHEDULE-“B”

1.69 decimals land out of 4.5 decimals land of District Narsingdi, Mouza: Methikanda, Thana: Raipura, Village: Methikanda, Sub-Registry office: Raipura and Khatian Nos. C.S. 534, S.A. 963, R.S. 1066 and Dag Nos. C.S. 1431, S.A. 1431, R.S. 4038 and the schedule land is butted and bounded by the following:

(v) North: the Railway land,

(vi) South: heirs of Sirajul Huq Mukter (Panna and others),

(vii) East: Alal Uddin (formerly Dilip Kumar Pal and others) and

(viii) West: Santi Ranjan Shill (formerly Ponchnandra Shill).

AFFIDAVIT

I, X, son of ___________________________, village: Methikanda, P.O. Raipura, P.S. Raipura, District: Narsingdi, age-_____, profession: _______________, religion: Islam, nationality: Bangladeshi, do hereby solemnly affirm that:

(1) That I am the petitioner of the instant petition suit and I am aware the facts and circumstances of the instant suit;

(2) That I am ready to give deposition before the learned Court when necessary and sign this affidavit knowingly before the commissioner on 11.03.2009 at 10.30 a.m.

___________________________

DEPONENT

___________________________

ADVOCATE