IN THE COURT OF THE LEARNED CIVIL JUDGE JUNIOR

DIVISION AT ALIPURDUAR

Title Suit No. ________ of 2022

M/S REBATI AGRO PVT. LTD.

A company registered under the Indian Company's
Act, 1956 holding certificate of incorporation No.
21-90976 of 2000 dated 21/01/2000 represented by
Sri. Tapan Sen son of Late Rebati Mohan Sen being
one of its directors having office at: 4, Jibanananda
Sarani, Rathkhola, P.O. Rabindra Sarani, P.S.
Siliguri, Dist. Darjeeling-734006.
- Plaintiff
Vs.

SRI. RAJ KUMAR KHEROAR

AND OTHERS
- Principal Defendants

An application u/o XXXIX Rule 1 & 2 r/w Section 151 of Civil Procedure Code
The plaintiff/petitioner begs to state as follows:

1. That the plaintiff/petitioner filed the above noted suit for declaration injunction
and consequential reliefs against the principal defendants / O.P.S. The plaintiff /
petitioner craves leave of the Ld. Court to refer to the contents of the various
paragraphs of the plaint and the documents submitted by the plaintiff /petitioner in
support of its case at the time of moving the present injunction application for ad
interim relief and in the course of hearing thereof. Reference to the plaintiff
wherever made in the present application shall mean and include the petitioner
and reference to the defendants wherever made in the present application shall
mean and include the opposite party or parties (O.P.) herein

2. That the plaintiff/petitioner has made out a strong prima-facie case against the
principal defendants/O.Ps.

3. That the plaintiff /petitioner has every chance to win the suit and the balance of
convenience and inconvenience is in favour of the plaintiff/petitioner.

4. That the plaintiff /petitioner owns a tea garden known under the name and style
Rebati Agro Private Limited at mouza Natunpara, P.S. and Dist. Alipurduar.

5. That the said tea garden is in and over land which is partly leasehold and partly
purchased land situated at Naturpara, P.S. and Dist. Alipurduar having river
situated on the side of the tea garden.
 6. That the said leasehold land measuring about 21.03 Acres is leased to the plaintif
petitioner for the purpose of the said tea garden by the Governor of the State of
West Bengal vide registered Lease Deed bearing No. 2384 for the year 2000
registered in the office of the D.S.R. Jalpaiguri on 04/08/2009 and the possession
of the lease hold land was duly delivered by the state authorities in favour of the
plaintiff.

7. That the said leasehold land measuring 21.03 Acre is recorded in LR. Khatian No.
1255 comprising of LR. Plot No. 1030, 446, 448, 459, 476 and 477 situated in
Mouza Natunpara, J.L. No. 11, P.S. and Dist. Alipurduar and the detail
description of the lease land has been morefully described in the schedule 'A'
hereinbelow.

8. That the said purchased land measuring 61.00 Acres is purchased by the
plaintiff/petitioner by virtue of the following registered Deed of Conveyance and
all registered in the office of the Additional District Sub-Registrar. Alipurduar and
the description are as follows

Sl. No. Deed No. Area Purchased Corresponding Plot

01 3386 for the year 2000 0.50 acres L.R. Plot No. 114
3385 for the year 2000 0.50 acres LR. Plot No. 114
640 for the year 2001 03 Acre 24 Decimal L.R. Plot No. 103
639 for the year 2001 1.82 Acres L.R. Plot No. 98
1387 for the year 2001 1.42 Acres LR. Plot No. 105
3.07 Acres L.R. Plot No. 104
03 Acre 18 Decimal L.R. Plot No. 119
0.11 Acre L.R. Plot No. 111
1.10 Acres
3.69 Acres
4.10 Acres

Total land purchased acres but mistakenly mentioned in the Deed as

measuring. L.R. Plot No. 59 measuring 1.31 acres. of land.

L.R. Plot No. 121 measuring 0.97 acres. L.R. Plot No. 118

measuring 0.28 acres. L.R. Plot No. 113

measuring 0.53 acres, L.R. Plot No. 429 measuring 0.89 acres

06

07

1388 for the year 2001

1389 for the year 2001

0.89 acres

L.R. Plot No. 109 02 Acre 21 Decimal

measuring 0.16 acres.

L.R. Plot No. 108

measuring 0.64 acres.