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An Assignment

on

Plaint
Submitted to :

Professor Liaquat Ali Siddiqui


Course Teacher of the Code of Civil Procedure
Department of Law
University of Dhaka

Submitted by :

MD MAMUNUR RASHID
LL.B.(Hons.), 3rd Year
Roll No : 143
Department of Law
University of Dhaka

In the court of first senior assistant judge, Dhaka.


Title suit no.107 of 2011.

Munaim khan,
S/O: Tibbat khan,muslim,
adult aged about 45 years,
residing at 10, Mirpur,Dhaka 1212.
.Appellant

Versus
Moin khan,
S/O: Arsad khan,
muslim,adult aged about 55 years,
residing at 15, Dhanmodhi, Dhaka 1207.
Respondent

Declaration of title u/s 42 of the Specific Relief Act,1887.


Valued at Taka 400000/= (four lac taka only)

The humble petition of the appellant above named Munaim khan most
respectfully sheweath.
1. That the appellant is a permanent citizen of Bangladesh and
respectful to the law of the land.
2. That the subject matter of this suit described in the schedule below is
within the district of Dhaka under the jurisdiction of this court.
3. That the appellant is the owner of the scheduled property by way of
inheritance the same from his late father Tibbat khan and has been
living in the land peacefully for about 4 years.
4. That the suit property originally belonged to late Abdul Baten who
sold it by way of a sale deed no.111 to the father of the appellant late
Tibbat khan who has owned and possessed the land and his name was
duly recorded in CS(cadastral survey ) and SA(state acquisition)
khatian.
5. That on 10th February,1977 the aforesaid Tibbat khan died living
behind his only one son who is the appellant as his only legal heir to
inherit his entire property.
6. That the appellant has been possessing and owning the suit land and
paying all rents and other government rents.
7.
8. That the appellants name has not been duly recorded in RS (rivisional
servey) by mistake and in fact the respondents name has been
recorded.
9. That because of this inadvertent mistake the possession and title of the
appellant has not been interfered.
10.
11.That if the name of the appellant is not inserted in place of the
respondent, the appellant will face irreparable damage in future.
12.That this suit has been filed or instituted within the limitation period.

13.That the cause of action of this suit arose dated on 01.02.2010, when
the appellant was first shown a record of RS khatian that the
respondents name was recorded against his land.
14. That the suit being a civil suit with a value of taka 4 lacs, court fees
of taka 6 hundred has been paid.
13. The appellant, therefore, prays:
(a) A decree of the title in favor of the appellant in the suit land.
(b) A decree of declaration that the name of the respondent appears
mistakenly in RS khatian and as such the appellant is not
bound the same; and
(c) That the respondent may be ordered to transfer the suit property
by executing a sale deed in favor of the appellant.
(d) That in the alternative, the defendant may be ordered to refund
to the plaintiff the amount of Rs 50000 paid as earnest money
and also to pay 50000 as damages for committing breach of the
contract.
(e) That the respondent may be ordered to pay the appellants costs
of the suit.
(f)
That such further or other relief as the nature of the case may
require may also be granted.
14. The description of the suit property is given in the schedule annexed
to this plaint.
ABC
khan

Appellants Advocate
Appellant

Munaim

Verification
Munaim khan ,the appellant above named do solemnly declare that what is
stated in paras 1 to 4 is true to my knowledge whereat I sign this the 12th
4

January 2011 sitting in the Dhaka Bar Association. and that what is stated in
the remaining paras is stated on the information received by me and I believe
it to be true.
Munaim khan

Appellant

Schedule
Description of the suit property
All that piece-percel of the land measuring 120 square feet or thereabout
situated at Mirpur police station, Dhaka. The boundaries of the suit property
are as under:
To the east: Banglo No.13
To the west: Banglo No. 22
To the north: Open plot
To the south: Public Road

Valuation statement
Per decimal of land is at taka 10 lacs where the value of the suit property is
at taka 4 lacs.