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IN THE COURT OF KRITANJALI KASHYAP , EXECUTIVE MAGISTRATE,RANGIA

(Assam)

Case no :- 48/2023

( U/S –145/146(I) Cr.P.C

Md. Kaisar Ali

…………………………. 1st Party

-vs-

Fiznur Ali

…………………………… 2nd Party

Subject :- Written Statement from 2nd Party .

The above named 2nd party MOST RESPECTFULLY SHEWETH :

1.That 2nd party men are the original resident of Village – Digunpar, P.S :
Kamalpur,Dist: Kamrup (Assam),

2.That 2nd party denied the all allegation written in his main petition, further he
begs to state that, the 1 st party had never any possession over the disputed
land. The disputed land was obtained by the 2 nd party as inheritance property
after the death of his father Tahar Ali and the 2 nd party has been doing the

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cultivation over the suit land since long back. But the 1 st party with intention to
wrongful gain and to encroach the land of the 2 nd party, trespassing in his land
and disturbing the 2nd party. Again the 1st party, with an intention of wrongful
gain, filed an ejahar before the Kamalpur Police Station with some false
allegation, but knowing the illegal motive of the 1 st party, the police of Kamalpur
Police Station does not take any action. The 2 nd party further begs to state that
he has been enjoying the right, title over land schedule,which he obtained from
his father Late Tahar Ali as inheritance property. But now the 1 st party, with an
illegal motive, just to deprive the 2nd party from his legitimate right, tried to
encroach the share of the land of the 2 nd party and filed this case , with false
and misleading statements to this Hon’ble Court. Again the 2 nd party begs to
state that the 1st party has no any land in Dag No.73,74,75 of Patta No.157
which is clear from the order vide no : 25/98-99 dated …………………………
passed by the Ld. Circle Office, Kamalpur Revenue Circle which reflects in
Jamabandi of land having Patta No.157.

3.That the statements and allegation of trespassing the answering 2 nd party

begs to state that the 2 nd party peacefully possessing the disputed land doing
cultivation over the suit land and by this he is maintaining his family. The 1 st
party have a share of land in Dag No.629 of Patta No.133 ,but the 1 st party for
the wrongful gain, trying to encroach the share of land which the 2 nd party
obtained from his father as inheritance property and trying the deprive the 2 nd
party from his legitimate right. In Dag No.73,74,75 of Patta No K.P .157, the 1 st
party have no any land which proves from the copy of Jamabandi annexed
above. Therefore, if this Hon’ble Court pass a decree against the 1 st party, it will
be highly prejudice to the 2nd party . Therefore, the 2nd party prays before this
Hon’ble Court to dismiss the instant case/petition.

4. That the answering 2nd party denies the date of cause of action. There is
no cause of action as alleged by the 1 st party in the petition. All the causes of
action shown in the petition are imaginary. Therefore,for want of cause of action
the petition is liable to be dismissed.

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5. That 2nd party men are the real owner and has khas possession of D/L and
also possessing the same.

6. That 2nd party men are using the said plot only for cultivation. If hon’ble
court passed an order to attach/injunction/maintain status quo on this land for a
long time then 2nd party will face serious problems/trouble, and he and his family
will die in hunger.

In view of above facts and circumstances your

humble 2nd party pray your honour to disposed
/dropped the case for the ends of justice and equity
. Hence the remedy lives in civil Court only .
And for this act of your kindness 2nd party shall ever
pray .
Description of Schedule of Disputed land :
Lnad measuring 03 Katha 09 Lechas covered by Dag no 73,74,75 ,of K.P Patta
no 157 of Vill: Alta, Mouza: Pub-Par, under Kamalpur Circle, District – Kamrup
( Assam).
Scheduled land bounded by :

North :
South :
East :
West :

Verification :

We the 2 n d party in the instant case do hereby solemnly affirm and

state that the statements made in paragraph above of the case are
true to my knowledge and belief.

And I sign this Verification on this the ……………..

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S I G N A T U R ES

AFFIDAVIT

We, 1. Nishi Kanta Das ,son of Late Loknath Das,2. Joydev Das,
son of Nishikanta Das,3. Champa Das, wife of Joydev Das, all are
original resident of Village – Narayanpur,P.O : Sidhinathpur,P.S : Kumrikata,Dist:
Baksa(Assam),presnt resident of Rangia Saraswati Colony, ward no.06,P.S :
Rangia,Dist: Kamrup(Assam) do hereby solemnly affirm and state as
follows ;-

1) That we are the 2 n d party of the instant case and as such we are
well acquainted and fully conversant with the facts and
circumstances of the case.

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2) That the statements made in this affidavit and the statements to

the W/S are true to our knowledge and belief and the rests are our
humble submissions made before this Hon'ble Court.

And we sign this Affidavit on this the 16 t h July 2021 at

Rangia.

Identified by

D E P O N E N T S

Advocate.

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