Title Suit No____ of 2015

In the City Civil Court at Calcutta

Before the Learned ____ Judge (____ Bench)
M A Business Centre Pvt Ltd, a
company incorporated under The
Companies Act 1956 having its
registered office at 113, Park Street,
Poddar Point, Kolkata 700016
..

Plaintif

Versus
1. ______, carrying on business under
the name and style of Subas Project
as a sole proprietor thereof having his
principal place of business at Room
No ___, 2nd Floor, South Wing, 113,
Park Street, Poddar Point, Kolkata
700016 within the aforesaid
jurisdiction

2. Rajesh Goel carrying on business

under the name and style of M/S
Grima Fashion as the sole proprietor
thereof and having his principal place
of business at __________
..

Defendant

Suit for declaration and permanent injunction valued at Rs. ____

The plaintif states as follows:
1) At all material times, the plaintif carried on and still carries on
business, inter alia, of dealing in real estate from its registered office
at 113, Park Street, Poddar Point, Kolkata 700016 within the
aforesaid jurisdiction.
2) The plaintif is the owner of various portions of all that the __ storied
building situated at and being premises No 113, Park Street, Poddar
Point, Kolkata 700016 within the aforesaid jurisdiction. Particulars
of the portions of the premises No 113, Park Street, Poddar Point,
Kolkata 700016 within the aforesaid jurisdiction owned by the
plaintif are given in schedule I written hereunder.
3) The plaintif is also entitled to supervise, manage, administer and
maintain the entire premises No 113, Park Street, Poddar Point,
Kolkata 700016 within the aforesaid jurisdiction in terms of the

authority granted by the erstwhile owner of the premises No 113,

Park Street, Poddar Point, Kolkata 700016 within the aforesaid
jurisdiction, a copy whereof is annexed hereto and marked as
Annexure__ and the same may be treated as a part of the plaint.
4) On or about__ , the defendant No 1 purchased the office space being
Room No ___ measuring________ square feet on the 2nd Floor of the
South Wing of 113, Park Street, Kolkata 700016 within the
aforesaid jurisdiction (hereinafter referred to as the said room)
from____. The defendant No 1, at all times, has been cooperating
with the plaintif in maintaining the said premises No 113, Park
Street, Poddar Point, Kolkata 700016 within the aforesaid
jurisdiction including the said room. Particulars of the said room are
given in schedule II written hereunder.
5) On or about__ it came to the notice of the plaintif that various civil
construction and renovation works are being carried out at the said
room having the efect of damaging the entire building. The plaintif
immediately called upon the workmen carrying out the works at the
said room to stop the same inasmuch as the said works were being
carried out in a manner having the efect of damaging the entire
building. The workmen informed the plaintif that they had been
employed by the defendant no 2 to carry out extensive construction

and renovation works at the said room and would not stop the works
unless and until instructed by the defendant no 2.
6) The plaintif was perplexed to know that the workmen were carrying
out construction and renovation work at the said room at the
instructions of the defendant no 2. Admittedly the defendant no 1 is
the owner of the said room and the defendant no 2 does not have
any right to occupy and/or carry out any construction/repair work at
the said room.
7) The plaintif immediately tried to contact the defendant no 1 but
could not locate the defendant no 1 and/or any of its
representatives. However, despite repeated requests the workmen
engaged by the defendant no to refuse to stop the construction and
renovation work being carried out by them in the said room.
8) On or about__, the plaintif found that a board of Grima Fashion
had been installed in front of the said room. The plaintif
immediately met with the defendant no 2 and/or his representatives
and enquired from him the basis on which and/or the capacity in
which the defendant no 2 was occupying the said room. In this
connection, the plaintif also wrote 2 several letters dated ___ and___
respectively to the defendant no 2, copies whereof are annexed
hereto and collectively marked as Annexure__ and the same may be
treated as a part of the plaint.

9) The plaintif also requested the defendant no 2 to refrain from

carrying out construction and renovation works at the said room as
was being done by the workmen employed by the defendant no 2
inasmuch as the same was having the efect of damaging the entire
building. The plaintif specifically informed the defendant no 2 that
the construction works which were being carried out at the said
room could not be done without first obtaining sanction from the
Kolkata Municipal Corporation and enquired as to whether such
sanction had been obtained by the defendant no 2. The defendant
no 2 merely informed the plaintif that he was entitled to occupy the
said room and/or to carry out construction works thereat without
any sanctioned plan and threatened the officials of the plaintif with
dire consequences if they tried to interfere with the works carried
out by the defendant no 2 at the said room in any manner
whatsoever.
10) The plaintif, on or about___, also requested the defendant no 1 to
intervene in the matter and to prevent the defendant no 2 from
carrying out the construction work that the said room. The plaintif
also entered from the defendant no 1 as to whether the defendant
no 1 has transferred the said room in favour of the defendant no 2.
Strangely, however, the defendant No 1 refused to answer any
queries of the plaintif and/or to intervene in the matter and further

informed the officials of the plaintif that in the event they did not
want any trouble they should not interfere with the construction
work is being carried out by the defendant no 2.
11) The defendant no 2 has proceeded to carry out extensive and
elaborate construction and renovation works at the said room which
are having the efect of damaging the entire building at the
premises No 113, Park Street, Poddar Point, Kolkata 700016 within
the aforesaid jurisdiction and of severely afecting the structural
stability of the building without obtaining sanctioned plan from the
Kolkata Municipal Corporation. The defendant no 1 has further
allowed the defendant no 2 to carry out the aforesaid construction
works at the said room.
12) The plaintif as the owner of various portions of the premises No
113, Park Street, Poddar Point, Kolkata 700016 within the aforesaid
jurisdiction, morefully described in schedule I hereof has the right to
ensure that the building at the premises No 113, Park Street, Poddar
Point, Kolkata 700016 within the aforesaid jurisdiction is duly and
properly maintained and no construction work is carried out thereat
having the efect of damaging the building and/or afecting the
structural stability thereof.
13) The plaintif as the manager of the said premises No 113, Park
Street, Poddar Point, Kolkata 700016 within the aforesaid
jurisdiction is also entitled to ensure that the said building and every

portion thereof is duly maintained and the safety and security

thereof is not afected in any manner whatsoever.
14) The plaintif states that the defendants are under a legal
obligation not to carry out any construction and renovation work at
the said room having the efect of damaging the building and/or
afecting the structural stability thereof. The defendants are further
under a legal obligation to abide by the directions of the plaintif,
the manager of the said premises No 113, Park Street, Poddar Point,
Kolkata 700016 within the aforesaid jurisdiction with regard to the
maintenance, safety and security of the building. The defendants
are acting in breach of such legal obligations and only this Learned
Court can prevent the defendants from acting in breach of such
obligation.
15) The defendants, by carrying out illegal construction and
renovation works at the said room having the efect of damaging the
entire building despite specific requests of the plaintif to refrain
from carrying out such illegal construction works, are interested to
deny and/or are denying the right of the plaintif to maintain the
said building as the Manager of the same and/or to enjoy the
portions of the building owned by the plaintif. Thus, the decree for
declaration as prayed for is necessary.
16) The defendants, by carrying out illegal construction and
renovation works at the said room having the efect of damaging the

entire building, are invading or threatening to invade the right of the

plaintif to maintain the said building as the Manager of the same
and/or to enjoy the portions of the building owned by the plaintif.
There exists no standard for ascertaining the actual damage caused
or likely to be caused such the invasion. The invasion is such that
compensation in money would not aford adequate relief. Injunction,
therefore, is necessary to prevent multiplicity of judicial
proceedings.
17) The plaintif states that the defendants are under a legal
obligation to notify the plaintif, the Manager of the premises No
113, Park Street, Poddar Point, Kolkata 700016 within the aforesaid
jurisdiction as to the basis on which the defendant no 2 is occupying
the said room. Despite requests, the defendants have not notified
the same to the plaintif in breach of their obligation. Mandatory
injunction as prayed for, therefore, is necessary.
18) The cause of action for the suit arose on ____ at Room No ___
measuring________ square feet on the 2nd Floor of the South Wing of
113, Park Street, Kolkata 700016 within the jurisdiction aforesaid
when the plaintif first noticed that illegal construction and
renovation works are being carried out at the said room and again
on __ when the plaintif requested the defendant no 2 to refrain from
carrying out the works at the said room but in vain and again on __

when the plaintif requested the defendant no 1 to refrain from and

not to allow the defendant no 2 to carry out the works at the said
room but in vain and the same is continuing from the day-to-day.
19) In as much as the cause of action has arisen entirely at Room No
___ measuring________ square feet on the 2nd Floor of the South Wing
of 113, Park Street, Kolkata 700016 within the jurisdiction of this
Learned Court, this Learned Court has jurisdiction to try, hear and
determine this suit.
20) For the purpose of Court fees and jurisdiction, the reliefs claimed
in the suit are valued at Rs.

and the plaintif has paid

appropriate court fees thereon. The plaintif undertakes to pay

further court fees if found deficient.
The plaintif claims:
(a)

Decree for declaration that the

defendants are bound to comply

with and/or act in terms of the
directions of the plaintif as the
Manager of the Premises No 113,
Park Street, Poddar Point, Kolkata
700016, morefully described in
schedule I hereof in respect of

maintenance, safety and security

of the said premises
(b) Perpetual injunction restraining
the defendants and/or each of
them and/or their men, servants,
agents, assigns, representatives
and associates from carrying out
any construction, repair, renovation
works at Room No ___
measuring________ square feet on
the 2nd Floor of the South Wing of
113, Park Street, Kolkata 700016,
more fully described in schedule II
hereof
(c)Perpetual injunction restraining the
defendants and/or each of them
and/or their men, servants, agents,
assigns, representatives and
associates from carrying out any
construction works and/or acting in
any manner having the efect of
damaging and/or afecting the

actual stability of the building at

premises No 113, Park Street,
Poddar Point, Kolkata 700016 in
any manner whatsoever
(d) Perpetual injunction restraining
the defendants and/or each of
them and/or their men, servants,
agents, assigns, representatives
and associates from engaging in
any acts whatsoever prejudicial to
the ownership, possession, use,
occupation and enjoyment of the
plaintif and/or its
men/agents/assigns of the oceans
of the premises No 113, Park
Street, Poddar Point, Kolkata
700016 under its occupation,
morefully described in schedule I
written hereunder
(e) Mandatory Injunction directing
the defendants to notify the
plaintif, the manager of the

premises No 113, Park Street,

Poddar Point, Kolkata 700016 as
to the particulars of the owners and
occupants of Room No ___
measuring________ square feet on
the 2nd Floor of the South Wing of
113, Park Street, Kolkata 700016,
more fully described in schedule II
hereof
(f) Temporary injunction
(g) Receiver/Special Officer
(h) Ad interim orders
(i) Costs
(j) Further and other reliefs