MJC No.

102/2019
Exh. 28 Continue

Further Examination in chief of applicant Witness No. 2

Bhushan Wasudeo Kukde for applicant by Adv. Shri. A. D.
Dangore

01. I have filed my affidavit of Examination in chief. It

bears my signature. Contents therein are true and correct. It
is at Exh. 28.

02. I have filed registration certificate of architect.

Today I have brought original. Contents are true and correct.
It is marked as Exh.31.

03. I have filed fair rent report cum certificate

alongwith documents. It bears my signature. Contents are
true and correct. Hence, it is marked as Exh.32. While
preparing certificate I have relied on ready reckoner. It is
marked as ‘Article­A’ and cost inflection chart marked as
‘Article­B’.
Examination in chief is completed.
Cross­examination of applicant witness No. 2 by Adv. M. B.
Kurankar for Non­applicant.

4. I am in this profession since 1992. I am having

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degree of Bachelor of Architecture. Architect is able to
ascertain value of the property, supervision, planning etc.
relating to immovable property. No need to do separate course
for valuation of the property.

5. It is not true to say that I did not examine shop

block from inside. It is true to say that I did not click any
photo from inside suit shop. It is not true to say that I am not
aware of inside condition of suit block. It is true to say that
rent of property decided as per area. It is not true to say that
there is no nexuses of valuation of property with the rent. It is
true to say that I am not aware who are neighbors of suit
property. It is not true to say that I did not inquire with the
neighbors of suit property. Witness volunteers that I did not
get any evidence regarding valuation from them. It is true to
say that I did not inquire with the shop keeper from vicinity. It
is true to say that I did not inquire rent amount paid for ATM
situated in the same building. It is true to say that I did not
inquire when that property alloted for ATM.

6. It is true to say that police station, Sakkardara is

situated at the distance one and half kilometers from suit
property. It is true to say that medical square is at the distace
approximately two kilometer from the suit property. It is true

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to say that Bhande Plot Chowk is at the distance
approximately two kilometer from the suit property. Somwari
Bazar is at the distance of approximately half kilometer from
the suit property. Ajni Railway station is at the distance of
approximately three and half kilometer from the suit property.
It is not true to say that between Ajni Railway Station and
suit property there is medical collage and square. It is not
true to say that Nagpur Bus Terminal is at the distance of 7
kilometer from the suit property. Witness volunteers that it is
of five kilometer. It is true to say that Reshimbag Play ground
is at 4 kilometer. Sangam Cinema is at five and half
kilometer. Ashirvad Cinema is at five kilometer. All the
premises mentioned as above are shown at the distance of
two kilometers in the certificate from the suit property is an
approximate distance and not after measurement exactly
mentioned.

Question : Did you inquire with a person who are having

property in the surrounding half kilometer from the suit
property ?
Answer : I had inquired with certain persons however, I am
unable to say whether they are within half kilometer or more.

7. I had made an inquiry with a person by name

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Vaidya in the building adjacent to suit property and another
person however, I am unable to say their name. It is not true
to say that the person by name Vaidya is paying Rs.500/­
rent therefore, I did not mention their name.

8. Plaintiff has given me information of this case

orally. It is true to say that I am unable to say valuation of
suit property in 2019. Witness volunteer that by referring
professional inflection index I can able to determine it. It is
true to say that I did not file any certificate for authenticity of
inflection index. Witness mentioned that I have taken out it
from official website. It is true to say that I did not produce
certificate of that official website. It is true to say that there is
no washroom and water tabs in the suit block. It is true to
say that person have to pay property tax on commercial
premises different then residential. It is not true to say that
rent is fixed according to property tax and facilities provided
to the commercial property. It is not true to say that rent is
increased when tax increased. It is true to say that I did not
inquire payment of property tax at the time of determining
rent. It is not true to say that I did not inquire regarding
facility provided to suit shop. It is true to say that electric bill
of suit shop is paid by tenant. It is true to say that I did not
went to Register office and I determined rent in view of ready

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reckoner. It is true to say that while preparing certificate I did
not consider property tax and facilities provided to suit shop.
It is not true to say that I am not authorize to prepare rent
certificate. It is not true to say that I am not authorized to
issue certificate of rent in view of degree obtained by me and
as per rule of council of Architect. It is not true to say that
plaintiff had paid extra amount of Rs.23000/­ therefore, I had
prepared this false certificate. It is not true to say that I am
deposing false that proper rent of suit property should be
Rs.22732/­. It is not true to say that without any inquiry in
the vicinity I had issued false rent certificate. It is true to say
that I did not mention rate of rent in the certificate. It is true
to say that I did not mention rate of rent of surrounding
premises in the certificate. I do not remember date of
preparing affidavit. It is not true to say that I am only singed
over it. It is not true to say that today I am deposing false.

Cross Examination completed.

No Re Examination.
Before me
Digitally signed
by TRUPTI
MUKUND
DESHMUKH
NAIK

(Smt. T. M. Deshmukh­Naik )
Date: 22/08/2023. 2nd Additional Judge
Nagpur Small Causes Court, Nagpur