41 years on, court puts to rest legal fight between stepbrothers

S Raj and Company, a partnership firm, had filed the suit in 1982, seeking court direction to Kishor Wadhwani and his family to vacate the flat and handover its vacant possession to the firm. The suit was filed after the dispute between the families of the stepbrothers began in 1975

MUMBAI: The Bombay city civil court recently put to rest a 41-year-old long legal battle between families of two stepbrothers by dismissing a suit filed by a partnership firm seeking vacant possession of a flat in Prahlad Co-operative Housing Society at Link Road in Santacruz.

The first plot was purchased from one Harjeevandas Mohandas and later adjoining plots were purchased from Chetumal Hariram. The plots were purchased in the names of wives of the brothers as benami holders. In 1939, the three brothers built a bungalow and an outhouse. (Vijay Bate/HT Photo)

S Raj and Company, a partnership firm, had filed the suit in 1982, seeking court direction to Kishor Wadhwani and his family to vacate the flat and handover its vacant possession to the firm. The suit was filed after the dispute between the families of the stepbrothers began in 1975.

The land on which the society building stands was purchased by the trio—Nandlal Wadhwani, Ramchand Wadhwani and Prahladrai Wadhwani. Ramchand and Prahladrai were sons of Gobindram and his first wife Jamnabai, while Nandlal was son of his second wife Laxmibai.

The first plot was purchased from one Harjeevandas Mohandas and later adjoining plots were purchased from Chetumal Hariram. The plots were purchased in the names of wives of the brothers as benami holders. In 1939, the three brothers built a bungalow and an outhouse.

It was claimed that in 1945, Nandlal suffered huge losses in his business. Fearing that the creditors might stake claim over the property, Nandlal transferred his wife’s 1/5th share in the property to Ramchand and Prahlad. Nandlal and his family later shifted to Karachi. In 1947, after the Partition, the family returned to India and continued to stay in the outhouse.

The partnership firm claimed that the sons and wives of Ramchand and Prahladrai set up a partnership firm in 1975 in the name of PR Corporation and the bungalow and outhouse was listed as the properties of the firm. The firm redeveloped the plot and constructed buildings which came to be known as Prahlad Co-operative Housing Society and Nandlal’s family was given a flat in the said building.

Nandlal’s son, Kishor had abandoned the family and moved to Bangalore in 1968. Since Nandlal had no source of income, he was looked after by Ramchand and Prahladrai.

In February 1979, PR Corporation sold that flat to one Ramesh Vazir, who in turn sold it to M/s S Raj and Company. Meanwhile, after the death of Nandlal, his son Kishor began occupying the said flat and hence S Raj and Company moved the court.

The court, however, dismissed the suit observing that the “partners of M/s PR Corporation’’ and the plaintiff’s firm—S Raj and Company were the same.

“It has also come on record that Vazir is an acquaintance of the plaintiffs. During cross examination, it was brought on record that Vazir was residing and carrying his business in the premises of the plaintiffs since 1960, that too without any charge and compensation,” the court observed.

“Therefore, the possibility cannot be ruled out that the documents of agreement for sale dated December 13, 1979, were created in favour of Vazir by plaintiffs themselves to get the flat from Nandlal or his family members,” the court said.

Besides, the court said the agreement was not on stamp paper and was not registered and hence the court refused to accept it as a valid agreement.