wee IN THE COURT OF LD. CIVIL JUDGE (Jr. Div.) Kanchanpur, NORTH TRIPURA ‘Titi Suit No. °4 of 2015 Sri Bini Chakma Alias Bini Kuchu chakma SJo.- Lt. Kularam Chakma ‘Vill. Jogendra Para Po. Laljuri s.- Kanchanpur, North Tripura VERSUS 1. Sri Raj kishore Chaka S/o.- LL. Chandradhan Chakma Vill.- Sukhi Karbari Para Po.- Laljuri Ps,- Kanchanpur, North Tripura 2. Sri Chintulal Chakma S/o.- Raj kishore chakma Vill,- Sukhi Karbari Para Po.- Laljuri s.- Kanchanpur, North Tripura -- Defendants IN THe MATTEROF; A suit seeking possession of immovable property under section 5 of Specific Relief Act, 1963 and eviction of the unauthorized occupants (defendents) from the suit land, The suit is valued for Rs. 82,500/- (Rupees Eighty two thousand fiveJn the state of Tripura, paid Rs, 2,700/- (Rupees Two thousand and Seven hundred) in the plaint. MOST HUMBLY SHEWETH 1, That, the plaintiff and the defendants are the permanent resident of the above mentioned respective locality and thereby, within the jurisdiction of this Ld. ‘Court. 2. That, the defendant is a permanent resident and a poor farmer in the locality. He allotment given in his favour, During settlement operation conducted by the ‘competent department the Plaintiff Sri Bini chakma alias Bini Kuchu Chakma was allotted the schedule suit land in his name observing all the provisions for allotment of land under TLR & LR Act 1960. all these years none of his neighbors or any other authority has ever challenged the allotment which was done in favour of the plaintiff. 3. That, the plaintiff was also undisputedly using the suit land for agricultural activities without any disturbance. But on last 2008 both the defendant no 1&2 were collectively engaged for cultivation on the suit land and they were allowed to construct 2 temporary hut for the conveyance of their activities in the Premises. The plaintiff never intended to gift /donate /sale/convey in favour of the Defendants at any point of time in the past. Due to the misbehavior and lack Of sincerity on the part of the defendant the plaintiff was compelled to tell the defendant for vacating land, which was in fact led the relation to shore. 4. That, the Plaintiff is a law abiding citizen and not willing to harbor animosity with a the defendant in reference to the matter. On the initiative of the plaintiff local ‘have tried to settie the matter, however the decision was rejected by the5. That, depriving the plaintiff from exercising his right and control as the owner of the land is not only violation of law but also morally unacceptable. It is important to observe a social order where the rights of every individual are respected. The plaintiff had no other option but to seek remedy in the court of law for restoration of his rights on the suit land. 6. That, the cause of action arose against the defendant on last December 2013 when the plaintiff came to the knowledge about’ the land document as the defendants name are appearing as a forceful occupier U/s-14 (1) of TLR & LR Act 1960. HE! IT LAND Khatian No.- 448, Hall Dag No.- 752 & 754, Mouza- Ujjan Machmarra RF, Tahasil- Ujjan Machmarra, Revenue Circle- Kanchanpur, Total Area- 2.20 Acres, 7. That, the plaintiff mentioned above is praying before the Ld. Court as follows:- (i) To pass the decree for possession of the suit land. (ii) To pass an order of eviction upon the defendants. VERIFICATION J, Sti Bini Chakma, the plaintiff do hereby verity the above contents from Para No. 1 to 6 are true to my knowledge and Para No. 7 is the legal advice which are believe to be true and after hearing the vernacular version I put my signature admitting them to be correct today on 12th June, 2015 at Kanchanpur. DeclarantIN THE COURT OF CIVIL JUDGE (JR. DIVISION) KANCHANPUR : NORTH TRIPURA Title Suit No. 04/2015 Sri Bini Chakma @ Bini Kuchu Chakma eles: Plaintiff. Vs Sri Raj Kishore Chakma & Others Defendants. THE WRITTEN STATEMENT ON BEHALF OF THE DEFENDANTS RUNS AS FOLLOWS :- 2) That, this suit is not maintainable in its present form. 2) That, this suit is barred by the law of limitation. 3) That, there is no cause of action for filling this suit. 4) That, this suit is against the law of waiver acquisance and estoppel. 5) That, it is not a fact that all these years non of his neighbours or any other authority has ever challenged the allotment which was done in favour of the plaintiff as stated by the plaintiff in para 2 of the plaint. 6) That, it is not a fact that the Plaintiff was also undisputedly using the suit land for agricultural Activities without any disturbance and it is also not a fact that on last 2008 both the defendant no. 1 & 2 wre Collectively engaged for cultivation on the suit land and they were allowed to construct a temporary hut for the conveyance of their activities in the premises and the plaintiff never intended to gift/donate/sale convey in favour of the defendants at any point of time in the past and it is not a fact that due to the misbehavior and lack of sincerity on the Part of the defendant, the plaintiff was Compelied to tell the defendant for vacating suit land which was Page 1 of 3infact lad the relation to shore as stated by the plaintiff in para 3 of the plaint. 7) That, it is not a fact that on the initiative of the plaintiff local elders have tried to settle the matter, however the decision was rejected by the defendant and it is also not a fact that the plaintiff was threatened in various occasions and the same was informed to the local police for maintaining peace in the locality as stated by the plaintiff in para 4 of the plaint. 8) That, it is not a fact that depriving the plaintiff from exercising his right and control as the owner of the land is not only violation of law but also morally unacceptable as stated by the plaintiff in para 5 of the plaint. 9) That, it is not a fact that the cause of action arose against the defendant on last December 2013 when the plaintiff came to the knowledge about the land document as the defendants name are appearing as a forceful occupier U/S 14(1) of TLR & LR Act, 1960 as stated by the plaintiff in para 6 of the plaint. REAL FACT 10) That, the defendants are permanent resident of Vill.-Sukhi Karbari Para, PO- Laljuri, PS-Kanchanpur, Dist.-North Tripura and they are law abiding people. 11) That, the defendants are very poor and by profession they are farmer and they used to occupy and cultivate the suit land much Prior to the land allotment and the plaintiff has admitted this without any hasitation in column no, 2 of his plaint. 12) That, the defendants used to cultivate the suit land and later on they constructed dwelling huts on the suit land. And prior to allotment they has started living there and till now they are staying in their house on the suit !and, 13) That, the plaintiff is very much wicked and law breakers too. He i.e, the plaintiffs ware’ vecerivél “au alioter: beprenig lesb Ts se TOIT Page 2 of 3but later on when mutation for the suit land was going on and on spot verification the authority has found the defendants in the actual possession of the suit land, Moreover they found the dwelling huts which was constructed by the defendants for their own useg. And this fact was reflected in the finally published khatian vide khatian No. 448, under Mouja- Ujan Machmara RF, Tehsil- Ujan Machmara, Rev. Circle- Kanchanpur. 14) That, the defendants are actual owner and possessor of the suit land and the plaintiff on the other hand never possessed the suit land therefore the question of eviction of the defendants from the suit land does not arise. 15) That, the plaintiff filed this suit to harass the defendants and as well as disturb the peaceful possession of the defendants. 16) That, the defendants reserves the right to file additional written statement before this Hon'ble Court if necessary. 17) That, an affidavit in support of the petition is filed herewith. 18) That, the rest will be submitted at the time of hearing. in the above circumstances, it is prayed that your honour would graciously be pleased enough to pass an order to dismiss the present suit with cost and compensation to the answering defendants and pass such other further order/orders as your honour may deem fit and proper. And the answering defendants as in duty bound shall ever pray VERIFICATION |, Sri Raj Kishore Chakma, the defendant no.1 of the instant suit, do hereby declare that the statements made above are written/ typed correctly and read over to me and explained to me in Bengali and being full conversant with the contents | sign this verification today on 7 September 2015 A.D at Kanchanpur Court Premises.fe LT 3° ey G IN THE COURT OF LD. CIVIL JUDGE (Jr. Div) KANCHANPUR, NORTH TRIPURA Title Suit. 04 OF 2015 Sri. Bini Chakma @ Bini kuchu Chakma sereeeee Plaintiff VERSUS Sri. Raj kishore Chakma & others Defendants In the matter of:- Examination in-chief of PW no-1 Sri Bini Chakma by way of affidavit as per provision of Order 18 Rule 4 of C.P.C as amended up to date. I, Sri Bini chakma, S/O-Lt. Kularam Chakma,aged about 67 years, resident of Vill-Jogendra para, PO-Laljuri, PS.-Kanchanpur, Dist-North Tripura,religion-Buddhist,by profession- Peasant by Nationality Indian do hereby solemnly deposes on oath as follows:- 1. That, I am the plaintiff of the instant suit seeking Possession of immovable Property and eviction of unauthorized occupants from the suit land under section 5 of the specefic Relief Act, 1963. That is true to my knowledge. 3LT) of Bins tan Ge 2. That, | am a permanent resident and a poor farmer in the locality. I used to occupy and cultivate the scheduled plot of land much prior to the land allotment given in my favour. During settlement operation conducted by the competent department and the same was allotted to me, correctly described at the schedule observing all the provisions for allotment rules under TLR & LR Act 1960. All these years none of my neighbors or any other authority has ever challenged the allotment which was done in my favour. That is true to my knowledge. w . That, I was also undisputedly using/occupying the suit land for agricultural activities without any disturbance. But on last 2008 both the defendant no 1&2 were collectively engaged for cultivation on the suit land and I allowed them to construct a temporary hut for conveyance of their activities in the premises. I never intended to gift /donate /sale/convey in favour of the Defendants at any point of time in the past. Due to the misbehavior and lack of sincerity on the part of the defendant, I was compelled to tell the defendant for vacating the suit land, which was in fact the genesis of the dispute. That is true to my knowledge.4. That, I myself is a law abiding citizen and not willing to harbor animosity with the defendant in reference to the matter. On my initiative the local elders have tried to settle the matter, however the decision was rejected by the defendant. I was threatened in various occasions and the same was informed to the local police for maintaining peace in the locality. That is true to my knowledge. 5. That, depriving me in exercising my right and control as the owner of the land is not only violation of law but also morally unacceptable. It is important to observe a social order where the rights of every individual are respected. So I had no other option but to seek remedy in the court of law for restoration of my rights on the suit land. That is true to my knowledge. 6. That, on last December 2013 when I came to the knowledge about the land document as the defendants Name are appearing as a forceful occupier U/s-14 (I) of TLR & LR Act 1960. That is true to my knowledge.Anten mu files ot Hale ee tt, of Gy de 7. That, I. prayed before the Ld. Court :- (i) To pass the decree for possession of the suit land. (ii) To pass an order of eviction upon the defendants. This is my humble prayer before the Ld. Court. JEDUL! IT LAND Khatian No.- 448, Mouza- Ujjan Machmarra RF, Tahasil- Ujjan Machmarra, Revenue Circle- Kanchanpur, Hall Dag No.- 752 & 754, Total Area- 2.20 Acres, VERIFICATION The contents of this affidavit is read over & explained me in vernacular language which are believe to be true and after hearing the same I put my signature admitting them to be correct today on 9 March, 2016 at Kanchanpur. an © net sa chen Deponent”’ Deponent is known to me & has signed in my presence. Read over & explained by me. Aa) 116 16 Advocate. Advocate UDAYJYOTICHAKYS ‘Advocat?