Sample Plaint

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DISTRICT : SOUTH 24 PARGANAS

IN THE COURT OF LD. 2ND CIVIL JUDGE ( SENIOR DIVISION) AT ALIPORE

TITLE SUIT NO. OF 2021

SRI PRABUDHA GUHA THAKURATA,


Son of Late Prativu Guha Thakurata,
Residing at Flat No 3H, Anamika, at
Premises No- 11, Broad Street, Police
Station- Karaya, Kolkata- 700019
… … … Plaintiff

-VERSUS-

SMT. BASABI DUTTA CHOUDHURY,

Wife of Prabudha Guha Thakurata,

Residing at 2B, Ballygunge Place East,

(ground floor) Police Station – Gariahat,

Kolkata- 700019,

… … …

Defendants

A SUIT FOR DECLARATION AND PERMANENT INJUNCTION VALUED AT RUPEES


Rs. 62,000/- only /-
The plaintiff states as follow: -
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1. That the Plaintiff is an Engineer by profession and had his earlier marriage

with Manju Mukherjee which ended through a decree of divorce on a

petition filed on 06/04/2016 passed on11/05/2017 from the Family Court

Hyderabad in PCOP No- 910 of 2016.

2. That in his profession as a Mechanical Engineer the Plaintiff was in USA and

he declared himself as Overseas Citizen of India (OCI). However, as he grew

older and at his late stage of life he decided to come back to India to get the

association of his close relatives and friends and for that he also decided to

purchase a flat of his own and to invest his hard earned money to settle his

last life in the said accommodation.

3. That the Plaintiff at the same time was in search of a companion and/or

mutual care giver in India and through some acquaintance the Plaintiff came

to know about the defendant on or about September/October of 2015,

prior to filing of the Divorce suit with Manju Mukherjee who was then single

having her husband expired and she was also having children through her

said first marriage. The Plaintiff and the defendant also expressed

themselves so as to understand each of them and what was the expectancy

of the Plaintiff to marry at the late stage of his life and to share love. The

Plaintiff also expressed his earlier life in totality before the marriage to the

defendant.

4. That the defendant made the Plaintiff understand that she will take up all

the care and also give support mentally inasmuch as, the Plaintiff otherwise
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was well to do and was having financial resources to make all the medical

expenditures of all the fees of doctors etc and the defendant was also

expected to get the point actually what the Plaintiff was in need to marry

her and agreed to marry the Plaintiff and she also agreed and accepted that

whatever the investments the Plaintiff makes, would begoing to maintain in

India, she will manage the same for and on behalf of the Plaintiff and she

will be honest to furnish the details of such balance etc and to intimate the

Plaintiff from time to time.

5. That the Plaintiff also made aware by the defendant that she has a separate

flat of herself to reside at 2B, Ballygunge Place East, Police Station –

Gariahat, Kolkata- 700019 the address of the defendant as given in the

cause title of the Plaint and she has practically no Senior member by her

side and her sons and daughters through her first marriage were all grown

up and both of them are able to look after themselves closely and thus she

was in possession of the aforesaid Premises for more than thirty years and

offered to extend her hand that they could continue to remain at her flat

after marriage at and being Premises No 2B, Ballygunge Place East, Police

Station – Gariahat, Kolkata- 700019 which she has been maintaining as a

rented flat having a monthly rent of Rs. 1550/- only and all her personal

identities are still standing in her said flat including her Passport, Aadhaar

Card, Pan Card and Banking addresses,


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6. The Plaintiff reposed confidence even prior to the marriage and on the

bonds of the trust built prior their settlement and negotiation of marriage

the Plaintiff was so liberal to give access to her for all his investments made

or to be made in India in the form of Mutual Funds, Fixed Deposits, FIPs,

etc. described in the Schedule hereunder and the documents of opening of

those funds were also kept in the custody of the defendant on behalf of the

Plaintiff, as also the money transferred to her bank account No

916010029437024 with Axis Bank Ltd. Accordingly all such monies

transferred where invested and kept under her name and .

7. That on 12/08/2017 the marriage between the Plaintiff and the defendant

under the Special Marriage Act took place at 2B, Ballygunge Place East,

Kolkata- 700019 while the Plaintiff was about 72 years old divorcee. At or

after the marriage the Plaintiff having no other place of his own to reside,

he started to stay temporarily at the place of the defendant i.e. at 2B,

Ballygunge Place East, Police Station – Gariahat, Kolkata- 700019, however,

Plaintiff always preferred to have his own independent accommodation and

he was searching for an accommodation which would be suitable for him in

the same locality and since his investment were about to get matured

in/about 2020 and kept in the safe custody of the defendant he decided

that the same can be utilized as a consideration against the value of such

flat and the Plaintiff again dependent upon the defendant to inform the
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Plaintiff time to time so that the Plaintiff can personally visit and chose such

accommodation as per his suitability.

8. That ultimately on 28/01/2020 the Plaintiff purchased the suit flat after

liquidating his own investments as mentioned and detailed in Annexure A

and B attached before and as such the consideration of Rs. 65,50,000/- was

paid to the vendor through RTGS and the other expenditure towards stamp

duty and registration expenses was also made by the Plaintiff. From his

savings and investments.

9. The Plaintiff because of his various sufferance from chronic obstructive

pulmonary disease (COPD), heart ailments diabetics, clandication etc

became dependent on medication and daily use of nebulizer and therefore

his movement was restricted and whenever the health condition became

stressful, he had to depend upon the defendant and it appears that the

defendant took the said opportunity of the debilitating physical condition of

the Plaintiff.

10. However, the Plaintiff could not assume or presume that the defendant

would in future take a different stance and as such the Plaintiff to surprise

the defendant instructed at the time of drafting the Conveyance Deed to

lend the name of the defendant as a co-purchaser along with himself in

spite of the fact the defendant had no source to make such expenditure

towards the purchase price and/or the half of the purchase price of the said

suit property. The Plaintiff states that the Plaintiff has disclosed about the
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acquisition of the suit property in his IT return that the source of money for

acquiring the same was entirely given by him. The defendant was a Primary

School teacher formerly for 30 years, having retired from her service in

March, 2016, and the last salary drawn was a meagre Rs. 40,000/- per

month approx.

11. The Plaintiff further states that due to the fiduciary relationship between

Plaintiff being the husband, the name of the defendant was mentioned as

joint purchaser along with the Plaintiff though the fact remains that the

Plaintiff had no intention or means to invest any money for the benefit of

the defendant, rather she stood as if a mere trusteefor the real owner, the

beneficiary being the Plaintiff herein, to the extent of hundred percent

share of the said property.

12. The Plaintiff further states that no beneficial interest was created by the

aforesaid conveyance deed in favour of the defendant and as such the

Plaintiff from the date of its purchase was the real owner and/or the sole

owner having exchanging title to the property and at the same time the

entire property has been in exclusive possession of the Plaintiff.

13. Be it further noted that the original title deed after the same was delivered

from the registration office is lying with the Plaintiff, the maintenance,

electricity charges and all other upkeepment regarding the suit property is

being shouldered by the Plaintiff alone and accordingly there is no


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prohibition under the law to make the claim of some ownership to be

declared by the Ld. Court on behalf of the Plaintiff

14. That at the material point of time when the flat in suit was purchased the

relationship between the Plaintiff and defendant was very sweet loving and

congenial and it will also appear from the title Deed itself that at that time

the Plaintiff and defendant both were residing under the same roof namely

at Ballygunge Place East where the defendant was already having her own

accommodation even prior to the date of marriage between the parties.

15. That the plaintiff during the period of July 2013 upto 2015 i.e., after he

came down to India from abroad and started residing at Regency Guest

House Road No. 3, Banjara Hills, Hydrabad. At that time the Plaintiff was an

US citizen employed by McLanahan Corp., USA and was deputed as a

Director of a J.V. company of McLanahan Nawa Eng. Pvt. Ltd. having its

office in 3, Banjara Hills, Hydrabad at a salary of US$ 65,000/- per annum +

perks. Thereafter in 2016, the US Corporation set up a 100% Indian

Subsidiary, Mclanahan India Private Limited and the Plaintiff was elevated

to the post of MD of the said company and in Indian Currency his salary was

Rs. 66,00,000/- per annum along with perks, from 01.04.2017 after he

obtained his OCI card which allowed the Plaintiff to permanently stay in

India. Prior to that Plaintiff would stay in India with a Business Visa.

16. That with all his aforesaid earnings he opened a bank account with Axis

Bank Ltd., Road 2, Banjara Hills Branch in account no. 915010059206233and


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915010024187057 on 08/12/2015.The plaintiff married the defendant on

12/08/2017 which took place in Kolkata and there was a brief courtship

ahead of the said marriage when the parties came to know each other and

the plaintiff by and by reposed faith and trust in her which finally resulted to

the said marriage. In fact, prior to the marriage the defendant had stayed

with the Plaintiff in Hydrabad on several occasions, and became aware of

the Plaintiff’s social and financial status.

17. That during the early days of their matrimony the defendant impressed the

plaintiff and under some allurance the plaintiff gave loan in driblets to the

tune of Rs. 21.45 lacsapproxand due to the soft and sympathetic

relationship with the defendant, the plaintiff desisted from asking for return

of the said loan amount.

18. Even in subsequent stages the plaintiff used to entrust on the defendant his
personal funds which were lying deposited in the account of Axis Bank as
mentioned before, for making investments in different mutual funds so that
some profits could be earned out of those deposits. By the said period the
plaintiff faced various physical constraints namely blockage of artery in both
of his legs, in medical term which is called cluadication of blood which
resulted in partial disability in movement and therefore the plaintiff
depended upon the defendant to interact with banks and other offices and
this way funds were invested in ICICI Prudential Equity and Debt Fund to the
tune of Rs. 54,00,000/- in the name of the defendant and those where
liquidated all sometime on 18/12/2019 prematurely, and the sum total of
which being Rs. 49,00,000/- only came in the hands of the defendant was
practically sourced from the withdrawals of the plaintiff’s personal account
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at Axis Bank, Ballygunge Phari Branch, Kolkata, as mentioned in the


foregoing paragraphs of this plaint in contemplation of buying a flat in the
name of the plaintiff which is the suit property. Since this investment was
under a monthly dividend scheme, the monthly dividends thus earned were
transferred by the Defendant from time to time to the Plaintiff’s account.
The Plaintiff had also transferred an amount of Rs. 14.00 lacs from his
retirement benefit on 16.04.2019 and an amount of Rs 6.00 lacs was
invested in the name of the Defendant in Axis Long Term Debt Equity Fund,
which was expected to mature in April 2020. The balance Rs 8.00 lacs was
kept as a F.D. which was utilised for purchase of the flat under this suit.
19. That to apprise the rendition of the original financial resource came from
the plaintiff, a statement of accounts describing the details of the fund that
was required for purchasing the suit flat came from the sole earnings of the
plaintiff, is annexed to the plaint and the same may be treated as part of the
plaint and the plaintiff shall rely upon the same at the time of hearing of the
suit.
20. Lastly, the plaintiff inspected the suit property prior to his purchase and
decided to buy the same from his aforesaid income and from the maturity
value of the said mutual funds accounts. However as the fund generated by
the plaintiff was not enough to pay the full value, registration costs etc of
the suit flat the plaintiff thrice took loan from his daughter of Rs.5,00,000/-
each on 27/11/2019,and 24/12/2019 a further sum of Rs. 2,00,000/- on
24/12/2019, the plaintiff also took loan from one of his friends M. K.
Bezbaruaha, for Rs.3,00,000/- on 01/01/2020. The plaintiff also closed one
of his fixed deposit accounts which was also invested in the name of the
defendant at Axis Bank, Ballygunge Phari Branch, Kolkata- 700019, bearing
no. 919030057380818 out of which Rs. 7,48,000/- was also accumulated
and accordingly with all those aggregate amount of 72 Lakhs approxwas
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utilized by the plaintiff to buy the suit flat for his own benefit and purpose
though out of fiduciary relationship between himself and the defendant and
utmost trust reposed upon her and also to give a surprise to her, the
plaintiff instructed his papers and/or the purchase showing name of the
defendant as a co-purchaser of the said flat. However, virtually the
defendant knew and understood very much that she was a name lender in
the said document inasmuch as she has not made any sort of investment for
the same. Be it further mentioned that the private car bearing registration
no. WB-02F-8186 (copy of Smart Card enclosed) was also purchased by the
plaintiff for his movement purpose. However, out of generosity and as the
plaintiff in the smartcard registered the name of the defendant in place of
his own. But both the smartcard and the conveyance deed is lying in the
custody of the plaintiff. Presently after the relationship of the parties have
strained the defendant is refusing to transfer the ownership of the
smartcard in the name of the plaintiff.
21. As it has already been mentioned therein before, that the defendant slowly

and steadily after the purchase of the suit flat started developing enmity

and she for nothing involved in quarrelling with her husband, the Plaintiff.

Although the Plaintiff never intended to buy the said flat for the benefit of

the defendant and it was due to utmost faith and trust, the fiduciary

relationship between them in vogue. In fact the suits flat was actually

purchased for the personal residence and own benefit of the Plaintiff and

the defendant never contributed any money towards the consideration

amount or registration cost, stamp duty etc. or other legal expenses what so

ever.
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22. That for the reason unknown, the marital relationship became strained at

the instance of the defendant inasmuch as due to the growing age,

whenever the Plaintiff was in search of the helping hand of the defendant,

she refused to extend her assistance towards her husband rather used to

utter derogatory remarks on him and she also started demanding a fat

amount on various plea etc from the Plaintiff with a view to cripple the

Plaintiff and to make the Plaintiff helpless in his disastrous condition of

health. Though the fact remains, the Plaintiff time to time used to advance

loan out of friendly gesture and life partner on the assurance of refund

those amounts which could be accumulated to Rs. 21.45 Lacs or so

23. It so happened on 18/05/2021 without any reasons whatsoever the

defendanttook away the nebulizerwhich is used as a therapy for

breathingmedicines of the Plaintiff so that the Plaintiff any time could

succumb to death from loss of breath.

24. That the Plaintiff hence started to realize that he has been assured by the

defendant at the time of marriage with full care giving and also to provide

esteemed love and life partnership with the Plaintiff up to the rest of his life

but she lulled a cherish desire on the other side of her mind to grab the

properties of the Plaintiff by hook or by crook.

25. That the Plaintiff has since decided to file a matrimonial suit against the

defendant seeking a decree of divorce of the marriage dated


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12/08/2017held under the Special Marriage Act on the ground of physical

and mental cruelty.

26. That in view of the development as stated before, the Plaintiff has become

compelled to come before this Ld. Court to seek a Decree for declaration

that the defendant is a name lender purchaser to the extent of undivided

half share in the property described in the Schedule below hereinafter

referred to as the suit flat, inasmuch as, the same was purchased for the

benefit of himself alone and though he is a co-purchaser in the said

document.

27. The plaintiff also entitled for a decree for permanent injunction restraining

the defendant and her associates not to enter into the suit flat and/or

restraining them from creating any obstruction in the peaceful living of the

Plaintiff therein.

28. That the cause of action for the present suit arose on 12/08/2017 when the

Plaintiff marry the defendant and thereafter on 28/01/2020 when the

Plaintiff purchased the suit flat jointly with the defendant and thereafter on

various other dateswhen the defendant illegally demanded 50% share in the

suit property and started creating trouble to the Plaintiff both physical and

mental including on 23/06/2021 which are continuing thereafter day to day

in the Schedule mentioned property at Flat No 3H, at Premises No- 11,

Broad Street, Police Station- Karaya, Kolkata- 700019, District- South 24

Parganaswhich is within the jurisdiction of this Ld. Court.


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29. For the purpose of Court Fees and jurisdiction the suit is valued at

Rs.62,100/- only (i.e. Rs. 60,000/- for Declaration and Rs. 2000/- for

permanent injunction) and the plaintiff has paid the ad-valorem court fees

thereon. The plaintiff undertakes to file additional court fees, if any, as may

be directed by the ld. Court.

The plaintiff therefore prays for: -

a. A Decree for declaration that the defendant is a name lender purchaser

to the extent of undivided half share in the property described in the

Schedule below hereinafter referred to as the suit flat inasmuch as the

same was purchased for the benefit of himself alone though the name

of Plaintiff is appearing as and though he is a co-purchaser in the said

document;

b. A decree for permanent injunction restraining the defendant and her

associates not to enter into the suit flat and/or restraining them from

creating any obstruction in the peaceful living of the Plaintiff therein;

c. Cost of the suit;

d. Further relief or reliefs to which the plaintiff may be found entitled

under the law of equity;

SCHEDULE A ABOVE REFERRED TO

ALL THAT the piece and parcel of one self-contained Flat measuring about

989 Sqft. Super Built Up area being Flat No- 3H, consisting of Two bed
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rooms, one dining cum drawing room, one kitchen and two bath cum privies

on the 3rd Floor on the building in Block I, erected on the Western part of

the portion of land situate and lying at and being a divided and demarcated

portion of Premises No 11, Broad Street, Kolkata- 700019 on its Eastern side

including in Ward No 65 of the Kolkata Municipal Corporation, under Police

Station- karaya, District- South 24 Parganas.

LIST OF DOCUMENTS RELIED UPONBY THE PLAINTIFF IN THE PLAINT


(Filed with separate firisti)

1. Xerox Copy of Sale Deed dated 28/01/2020 regarding the Schedule


Property being No 160300266 for the year 2020 of DSR III South 24
Parganas
2. Xerox Copy of Marriage Registration Certificate between the parties
3. IT Return and balance sheet of the Plaintiff for of the Plaintiff for the year
2019-2020
4. Aadhaar Card, PAN Card and LPG Gas connection Pass Book in the name of
the Plaintiff
5. Statement of A/C of Axis Bank of the Plaintiff;
6. Aadhaar Card of the defendant;
7. Written complaint lodged by the Plaintiff against the defendant in local
Karaya Police Station on 23/06/2021 and on 28/07/2021.
8. Medical documents of the Plaintiff
The plaintiff craves leave to file further documents in support of his suit.
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VERIFICATION

I, SRI PRABUDHA GUHA THAKURATA, Son of Late Prativu Guha Thakurata,

residing at Flat No 37, at Premises No- 11, Broad Street, Police Station-

Karaya, Kolkata- 700019, do hereby state that the statements made in

paragraph No 1 to of the foregoing Plaint are true to my knowledge and

the rests are my humble submission before this Ld. Court and I sign this

verification on this day of , 2021 at Alipore Court

Premises.

AFFIDAVIT
I, SRI PRABUDHA GUHA THAKURATA, Son of Late Prativu Guha Thakurata, aged
about years, by faith Hindu, by occupation Retired, residing at Flat No 37,
at Premises No- 11, Broad Street, Police Station- Karaya, Kolkata- 700019 for
self and being the constituent Attorney of my son, Sudip Bhandari, do
hereby solemnly affirm and state as follows:-
1) That I am the Plaintiff in the above suit and as such I am well conversant
with the facts and circumstances of this case
This is true to my knowledge.
2) That the statement made in paragraph 1 to of the foregoing Plaint are
true to my knowledge and the rests are the matter of submission before this
Ld. Court.

________________________
DEPONENT

Identified by me,

Advocate

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