IN THE COURT OF CIVIL JUDGE JUNIOUR DIVISION NORTH SALMARA, ABHAYAPURI.

M.S. No. /2024

Plaintiff : Abdul Mozid, aged about 67 Years.

S/O : Lt. Pagu Talukdar.

By cast : General ( Muslim )

R/O : Abhayapuri town word no.4 (Tengnamari )

P.O : Abhayapuri.

Dist. : Bongaigaon ( Assam)

Phone : 7578063870

-VERSUS-

Defendant : Bahes Ali.

S/O : Lt. Abdul Sheikh.

R/O : Abhayapuri town word no.4 (Tengnamari)

P.O : Abhayapuri.

Dist. : Bongaigaon ( Assam

Pin : 783384
Suit for recovery of Rs. 4,50,000/- (Four lakhs fifty thousand)
only and the suit is valued at Rs. 4,50,000/- (Four lakhs fifty
thousand) only and ad-valuram court fees of Rs. 5619.01/- is
paid herewith.

The, plaintiff most respectfully begs to submit as follows—

1. That, the plaintiff is a permanent resident of above mentioned

locality. The plaintiff was a Govt. employee in the office of the
S.D.O (Civil) , North salmara Abhayapuri he got retirement on
28/02/2018. After retirement the plaintiff got a big amount as
retirement benefits under different heads.
2. That, the defendant is a neighbor of the plaintiff and both the
plaintiff and defendant are the members of the same somej.
3. That, there is a good relation in between the plaintiff and the
defendant and all the family members of both of them were/are
often use to visit to each other’s house. The defendant use to call
the plaintiff as elder brother.
4. That, the defendant is a whole seller business man of stationary
goods / items and he has been conducting this business since long
passed.
5. That, the defendant in the 1st part of the year of 2019 suffered a
huge loss in his business. So, in the 1 st week of the month of
March 2019 ,the defendant approached to the plaintiff asking
 financial assistance from him for an amount of Rs. 2,50,000/- (Two
lakhs fifty

thousand) only in order to develop his business. So , as a good

friendly relationship and on good faith on 20/03/2019 the
defendant has taken an amount of Rs. 2,50,000/- (Two lakhs fifty
thousand) only in cash without any kind of interest from the
plaintiff as financial assistance with a promise to refund back /
return back the said amount to the plaintiff on or before
19/03/2022. The defendant has taken the said amount of Rs.
2,50,000/- (Two lakhs fifty thousand) only in cash by executing a
promissory note / Karjya patra dated 20/03/2019 and the same is
witnessed and signed by two attaching witnesses. The promissory
note is written by on Abu Sales MD. Motaleb.
6. That, again in the last week of the month of April 2019 the
defendant approached to the plaintiff asking from him another
amount of Rs. 2,00,000/- ( Two lakhs ) only as financial
assistance/ help stating that the previously taken amount is not
sufficient for him as he has to pay some balance amount to the
distributors from whom he purchased stationary goods. So, again
on 01/05/2019 the defendant has taken an amount of Rs.
2,00,000/- ( Two lakhs ) only in cash as financial assistance from
the plaintiff with a promise to return back the amount of Rs.
2,00,000/- ( Two lakhs ) only, to the plaintiff positively on or
before 19/03/2022 by executing a promissory note / Karjya patra
 dated 01/05/2019 and the same is witnessed and signed by two
attaching witnesses. The promissory note is written by on Abu
Sales MD. Motaleb.

7. That, hence the plaintiff has provided financial assistance to the

defendant for a total amount of Rs 4,50,000/- ( Four lakhs fifty
thousand ) only without any interest. The plaintiff is not a money
lander but he has helped the defendant by providing financial help
on the ground of good relation and also on the ground of
humanity.
8. That, the defendant did not / do not return back the amount of Rs.
4,50,000/- ( Four lakhs fifty thousand ) only to the plaintiff on or
before 19/03/2022 as promised by him. Thereafter, the plaintiff on
20/03/2022 met the defendant at his house and requested him to
return back the aforesaid amount as already as stipulated period
has already been expired, but on that day the defendant took
some days from the plaintiff to return back the amount stating
that the defendant at that time was suffering from financial crisis.
9. That, again on 01/07/2022 the plaintiff approached the defendant
and demanded him to return back the said amount to him
immediately but this time the defendant demanded another 6 (six)
month to return back the amount to the plaintiff. So, after 6 (six)
month the defendant neither paid nor met the plaintiff. So on
15/04/2023 the plaintiff met the defendant along with some other
persons for the purpose of getting the said amount of Rs.
 4,50,000/- ( Four lakhs fifty thousand ) only from the defendant,
but the defendant did not / do not return back the amount to the
plaintiff. The defendant took date after date to return back the
amount to the plaintiff on different pretext.

10. That, on …………at about…………..the plaintiff along with

some other person’s were sitting in front of the gate of the
plaintiff house and at that moment the defendant was passing by
them by riding his motor cycle. So noticing this the plaintiff called
for the defendant and stopped him and demanded from him the
aforesaid amount of Rs. 4,50,000/- ( Four lakhs fifty thousand )
only from him and hearing this the defendant became angry and
furiously and stated shouting upon him. Suddenly the son of the
defendant namely Hafizur Rohaman came to the place of
occurrence and both the defendant and his son physically
assaulted the plaintiff by kicking and punching him causing various
multipole injuries on the various parts of the body of the plaintiff.
The defendant used filthy and slang languages to the plaintiff and
also threatened him with dire consequences of life if the plaintiff
ask / demand the aforesaid amount of Rs. 4,50,000/- ( Four lakhs
fifty thousand ) only from the defendant in near future. Hence,
finally on ………………the defendant refused to return back the said
amount to the plaintiff.
11. That, due to non-payment of the aforesaid amount the
plaintiff has been facing acute financial stringency and also
 suffering from both physical and mental agony. The plaintiff has
sufficient cause to presume that the defendant is not in a frame of
mind to repay the said amount of Rs. 4,50,000/- ( Four lakhs fifty
thousand) only in future . Hence this suit..

12. That, the cause of action for this suit arose on 20/03/2019,
01/05/2019, 19/03/2022,………………and on every subsequent
day’s at Abhayapuri town word no.4 (Tengnamari) within the
jurisdiction of this LD. Court.
13. That, for the purpose of jurisdiction and court fees the suit is
valued at Rs. 4,50,000/- ( Four lakhs fifty thousand) only and ad-
Valuram court fees of Rs. 5619.01/- has been paid.
14. That, the plaintiff therefore prays —
That the suit be decreed directing the defendant
(A) For realization of Rs. 4,50,000/- ( Four lakhs fifty
thousand) only from the defendant who is liable to pay
the amount to the plaintiff.
(B) For interest @ 12% p.a. to be calculated with affect from
20/03/2022 till realization of the decreetal amount.
(C) For cost of the suit be decreed.
(D) Any other relief (s) to which the plaintiff is entitled to get
under law and equity.

Verification.
I, Abdul Mozid, the plaintiff of the above noted suit do hereby verify
that the statements made above in para no. 1 to 11 are true and
correct to my knowledge and belief and the rest are my humble
submissions and payers before the Ld. Court and I sign it on this
……..day of January 2024 at Abhayapuri.