K.R Shriram, J.
Name:Ranjan B. Sawant (PW-1)Age:52 yearsOccupation:ServiceAddress:B-404, Tulsirai Vihar CHS, Mahatma Phule Road, Vishnu Nagar, Dombivh (West), Thane-421 202.
1. Mr. Khandre, counsel for the defendants states that though he has received the agreement that is referred to in answers to question no. 126 read with question no. 127, he had written to the plaintiff to provide copy of the Leave and License Agreement which is referred to in question no. 122. Mr. Khandre further states that they have not received copy of any Leave and License Agreement. Mr. Kamat, counsel for the plaintiff states that they do not have any Leave and License Agreement at all. PW-1 also confirms the same and states that he does not have any Leave and License Agreement.
2. Further Cross examination of Ranjan B. Sawant (PW-1) by Mr. Nilesh Khandre, for the Caveators on S.A:
For the sake of convenience, the evidence is recorded in question and answer format.
Q.136 : Today you are saying that there is no Leave and License Agreement but in answer to question no. 122 you have stated you gave the premises on registered Leave and License. Which is the correct position?
Answer : I say that the Leave and License Agreement has been misplaced.
Q.137 : I put it to you that you are giving false evidence?
Answer : I disagree.
Q.138 : I put it to you that you are not producing the so called Leave and License Agreement because the license fees that was being paid was far in excess of the amount indicated by you in answer to question no. 123?
Answer : I disagree.
Q. 139 : Can you atleast give the name of the licensees with whom you have entered into Leave and License Agreement?
Answer : I do not know.
Q. 140 : I put it to you that you are making false statement?
Answer : I disagree.
Q. 141 : Did the Testator make a photocopy of the Will after he signed but before the attesting witnesses signed?
Answer : He did not make any photocopy.
Q. 142 : I put it to you that the deceased never executed the Will as propounded by the petitioner?
Answer : I deny.
Q.143 : I put it to you that you are giving evidence at the behest of your brother-in-law, who is the beneficiary under the Will propounded?
Answer : I disagree.
3. PW-1 tenders a copy of the Tenancy Agreement dated 12th January, 2007 between Smt. Bhagirathibai and PW-1 alongwith the receipt of registration, etc. totaling to 12 pages. The same is taken on record and marked ‘Exhibit D-1’.
4. Cross examination is closed. No re-examination.
5. Stand over to 6 March, 2017 for receiving the evidence of plaintiffs second witness on record/marking of documents on which date the plaintiffs second witness shall remain present in court.
6. Mr. Kamat, counsel for the plaintiff states that PW-2 has filed two affidavits. Mr. Khandre, counsel for the defendants states that he has received a copy of only one affidavit. Mr. Kamat states that his instructing advocates will forward a copy of the second affidavit to the defendants’ advocate during the course of today.