Sample Plaint
Sample Plaint
Sample Plaint
-VERSUS-
Kolkata- 700019,
… … …
Defendants
1. That the Plaintiff is an Engineer by profession and had his earlier marriage
2. That in his profession as a Mechanical Engineer the Plaintiff was in USA and
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
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
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
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
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
5. That the Plaintiff also made aware by the defendant that she has a separate
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
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
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
those funds were also kept in the custody of the defendant on behalf of the
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,
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
8. That ultimately on 28/01/2020 the Plaintiff purchased the suit flat after
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
his movement was restricted and whenever the health condition became
stressful, he had to depend upon the defendant and it appears that the
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
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
12. The Plaintiff further states that no beneficial interest was created by 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
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
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
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
Director of a J.V. company of McLanahan Nawa Eng. Pvt. Ltd. having its
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
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
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
relationship with the defendant, the plaintiff desisted from asking for return
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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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
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
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
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
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
25. That the Plaintiff has since decided to file a matrimonial suit against the
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
referred to as the suit flat, inasmuch as, the same was purchased for the
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 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
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
same was purchased for the benefit of himself alone though the name
document;
associates not to enter into the suit flat and/or restraining them from
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
VERIFICATION
residing at Flat No 37, at Premises No- 11, Broad Street, Police Station-
the rests are my humble submission before this Ld. Court and I sign this
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