BEFORE THE HONBLE JUDGE, COOPERATIVE COURT NO.

II,
PUNE, AT PUNE.

Dispute No.31/1982

Mr. Charudatta Pandurang Patankar Disputant

Vs.

Shri Sadguru Niwas Sahakari Grih

Rachana Sanstha Maryadit and others Opponents.

Evidence Affidavit

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.

I know affiant.

Affiant.
Advocate.