CIVIL PLEADINGS

PLAINT

IN THE COURT OF JUNIOR CIVIL JUDGE, KOLKATA

Suit No. 457 of 2020

Akash Mukherjee, S/o. Peter Mukherjee aged 22 years, R/O House No. 30, Park
Street, Kolkata-700016.

…..(Plaintiff)

Versus

Mohit Dutta, S/o. Kailesh Dutta, aged 40 years, R/O House No. 122, J.C.Bose Road,
Kolkata-700020.

…..(Defendant)

Plaint filed on behalf of the plaintiff under order VII Rule-10 and long cause title.

The Plaintiff above named begs to submit as follows….

(1) That under a registered general power of attorney executed in March 2-3-2019
Late Peter Mukherjee father of the plaintiff, appointed Mohit Dutta, the
defendant, as his authorised agent to collect rents of his houses property
situated in Kolkata.
(2) That the defendant started collection of rents from the month of April 2018 and
has been doing so till this date.
(3) That the said A died in the month of February 2020 leaving behind only the
Plaintiff, his only heir.
(4) That the particulars and full details of the collection made by the defendant are
not known to the Plaintiff up to this time. The defendant has not rendered any
account of money received by him in behalf of father of the plaintiff.

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 (5) That the plaintiff several times requested the defendant to deliver up to date the
accounts but he certainly failed to do so deliberately.
(6) That the cause of action arose on March 15 2020 and further on March 23 2020
when the plaintiff demanded up to date accounts from the defendant and
defendant refused to do so.
(7) That the parties reside within the local jurisdiction of this court and the court is
competent to try the same.
(8) That the value of the suit for the purposes of court fees and jurisdiction is ₹
4000 and requisite court fee being paid of the same.

Prayer

(1) A full and complete account of the amount realised by the defendant on behalf
of the plaintiff.
(2) A decree for the payment of rent collected by the defendant on behalf of the
plaintiff.
(3) Cost of the suit in favour of the plaintiff.
(4) Such other and further relief as the honourable court may deem fit and proper.

__________________ _________________

Advocate for Plaintiff Plaintiff

Verification

I, Akash Mukherjee, do hereby verify that the contents of paragraph number 1 to 10 of

this plaint are true to my personal knowledge and no part of it is false. The Plaint and
the verification clause has been verified by me on 20 August, 2020 at the court of
Junior Civil Judge compound at Kolkata.

Date: 20 August, 2020 _______________

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Place: Kolkata Plaintiff

_______________

Pleader

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 AFFIDAVIT

IN THE COURT OF JUNIOR CIVIL JUDGE, KOLKATA

Suit No. 457 of 2020

Akash Mukherjee, S/o. Peter Mukherjee aged 22 years, R/O House No. 30, Park
Street, Kolkata-700016.

…..(Plaintiff)

Versus

Mohit Dutta, S/o. Kailesh Dutta, aged 40 years, R/O House No. 122, J.C.Bose Road,
Kolkata-700020.

…..(Defendant)

Affidavit on behalf of Plaintiff

I, Akash Mukherjee, S/o. Peter Mukherjee, aged 22 years, R/o House no.30, Park
street, Kolkata-700016., do hereby solemnly declare and affirm on oath as under:

(1) That under a registered general power of attorney executed in march 2-3-2019
Late A father of the plaintiff, appointed Y, the defendant, as his authorised
agent to collect rents of his houses property situated in Kolkata.

(2) That the defendant started collection of rents from the month of April 2019 and
has been doing so till this date.
(3) That the said A died in the month of February 2020 leaving behind only the
Plaintiff, his only heir.
(4) That the particulars and full details of the collection made by the defendant are
not known to the Plaintiff up to this time. The defendant has not rendered any
account of money received by him in behalf of father of the plaintiff.
(5) That the plaintiff several times requested the defendant to deliver up to date the
accounts but he certainly failed to do so deliberately.

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 (6) That the cause of action arose on March 15 2020 and further on March 23 2020
when the plaintiff demanded up to date accounts from the defendant and
defendant refused to do so.
(7) That the parties reside within the local jurisdiction of this court and the court is
competent to try the same.
(8) That the value of the suit for the purposes of court fees and jurisdiction is
₹.4000 and requisite court fee being paid of the same.

VERIFICATION

I, X do hereby declare that the contents of Paragraph 1 to 8 are correct to my

knowledge and belief and nothing has been concealed therein.

Verified

Date: 20 August, 2020 _______________

Place: Kolkata Deponent

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 WRITTEN STATEMENT

IN THE COURT OF JUNIOR CIVIL JUDGE, KOLKATA

Suit No. 457 of 2020

Akash Mukherjee, S/o. Peter Mukherjee aged 22 years, R/O House No. 30, Park
Street, Kolkata-700016.

…..(Plaintiff)

Versus

Mohit Dutta, S/o. Kailesh Dutta, aged 40 years, R/O House No. 122, J.C.Bose Road,
Kolkata-700020.

…..(Defendant)

Written Statement on behalf of Mohit Dutta, herein after referred as Defendant, is as

follows:-

(1) That the content of Para 3 of the plaint are substantially correct.
(2) That the contents of Para 4 and Para 5 of the plaint are not admitted.
(3) That the contents of Para 6 of the plaint are not admitted.
(4) That the contents of Para 7 of the plaint are denied.
(5) That the contents of Para 8 and Para 10 of the plaint need no reply.

Additional Pleas

(6) That the money and as when received by the defendant was delivered to the
plaintiff.
(7) That the defendant used to give details of accounts every month to the plaintiff
and the plaintiff used to sign on the account book.

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 (8) That the claim of the plaintiff is false and fabricated and no amount is due on
the defendant.
(9) That the suit of the plaintiff may be dismissed with dismissal cost to the
defendant.

Verified

Date: 20 August, 2020 _______________

Place: Kolkata Deponent

Verification

I , do hereby verify that the contents of Paragraph 1 to 7 of this written statement are
true to the best of my personal knowledge and the remaining paragraph are baised on
legal advice from my advocate wich I believe to be true

Verified

Date: 20 August, 2020 _______________

Place: Kolkata Deponent

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 AFFIDAVIT

IN THE COURT OF JUNIOR CIVIL JUDGE, KOLKATA

Suit No. 457 of 2020

Akash Mukherjee, S/o. Peter Mukherjee aged 22 years, R/O House No. 30,
Park Street, Kolkata-700016.

…..(Plaintiff)

Versus

Mohit Dutta, S/o. Kailesh Dutta, aged 40 years, R/O House No. 122, J.C.Bose
Road, Kolkata-700020.

…..(Defendant)

Mohit Dutta, S/o. Kailesh Dutta, aged 40 years, R/O House No. 122, J.C.Bose
Road, Kolkata-700020 do hereby solemly declare and affirm on oath as under:

(1) That the content of Para 3 of the plaint are substantially correct.
(2) That the contents of Para 4 and Para 5 of the plaint are not admitted.
(3) That the contents of Para 6 of the plaint are not admitted.
(4) That the contents of Para 7 of the plaint are denied.
(5) That the contents of Para 8 and Para 10 of the plaint need no reply.

VERIFICATION

Verified that the contents my above affidavit is true to bet of my knowledge and belief
and nothing has been concealed therein.

Verified

Place: Kolkata. ______________

Date: 22 August, 2020 Deponent