I, Charudatta Pandurang Patankar, Age 72 years, Occ. Business,
R/at. Raghukul No.6 Housing Society, Jalgaon, today at Pune, do hereby state on affirmation as follows-
1. I say and submit that, my oral evidence was recorded vide
Exhibit-21. Thereafter, I was also cross examined by the party. However, subsequently the dispute was amended the opponent No.2s legal heirs were taken on record as also the opponent No.3 was joined to the dispute. In view of the same, I am filing present additional affidavit of evidence. 2. I say and submit that, I have sufficiently demonstrated in my earlier affidavit as to how I was and I am entitled for Flat No.10 in the opponent Society. The necessary documents are also produced along with list at Exhibit-3. The said documents are proved in my oral evidence which was recorded in the present proceedings and on the basis of the same, the Judgment and Order was passed in my favor on 18.03.1991. However, as the matter was carried before Hon'ble Appellate Court by Late Shri. Mulla, as per the order of Hon'ble Appellate Court, the matter was remanded back for fresh trial. 3. I say and submit that, the adverse contents of the Written Statement filed by the legal heirs of Shri. Mulla which is at Exhibit-87 are not admitted by me. In the said pleadings, the contention appears that, they were allotted Flat No.9 and not the flat No.10. In view of the said contentions, the necessary amendments were effected in the dispute and the opponent No.3 who is in illegal possession of Flat No.10 was joined to the present proceeding. The opponent No.3 is trespasser so far as flat No.10 is concerned. I further say that, the opponent No.3 appeared in the present proceeding and filed his Written Statement which is at Exhibit-178. I deny all adverse contentions in the said Written Statement. It is strange to note that, the opponent No.3 has taken various contentions so far as the transactions between myself, Society and Shri. Londhe of M/s. Kamlesh Constructions. I say while denying the contentions in the dispute, the opponent No.3 had made erroneous comments to the transactions to which he was not party. 4. I say and submit that, the as per the order passed by Hon'ble District Deputy Registrar, C.S., Pune, on 12.10.2001, there was bifurcation of the parent Society. In the said order my rights as member have been recognized. The said order was acted upon. Therefore, on the basis of the documents produced on record, it is crystal clear that, I have paid the requisite amount for purchase of flat and there is allotment of Flat in my favor. I say, even assuring without admitting that, the opponent No.1 Society has changed the numbers of the flat, it is for the opponents to settle the controversy between themselves. From the pleadings of the opponent Nos.2 and 3 it is clear that, they are trying to protect their so called rights by prejudicing my legal rights to possess the flat in the Society. I, therefore, say that, I am entitled for a flat admeasuring about 881 sq. ft. as I have paid the entire agreed price of Rs.55,000/- and Award in terms thereof may please be passed in my favor. 5. I say I have made an alternate prayer of granting Rs.1,25,000/- together with interest at the rate of 18% from 22.04.1982 till possession of the flat is not given which may please be considered and Award in terms thereof may please be passed in my favor. 6. I say that, as and by way of mesne I have prayed for monthly occupation charges of Rs.1,500/- per month being the compensation for illegal occupation in the flat No.10 since filing of the dispute till handing over of actual and physical possession. The said prayer may please be considered and Award in terms thereof may please be passed in my favor. 7. I say I may be awarded the costs of the present dispute including Advocates fees as per Rules.
Whatever stated in forgoing paragraphs are true and correct to the
best of my knowledge, belief, information and records. Hence, verified and signed by me on this ___ August, 2017, at Pune.
Proculo P. Fuentes, Jr. For Petitioner. Valeriano F. Pasquil and Ruben V. Abarquez For Respondent Apex Mining Co., Inc. Raul C. Nengasca and Antonio G. Jolejole For Respondent Sandigan