by  S. Chandra Shekar

“He has done it. He has cheated me” shouted Raja, “I knew he had a plan and now he has done it. I’ve been a fool and now look what has happened”

“What happened, Raja? Why are you so agitated? Tell me what happened and let me help you if I can” said Hemant, an old friend of Raja.

“I must tell you the whole story, Hemant. You will understand then. It all started in the year 1941. The second World War was in full swing and the Germans and the Japanese were very active in the Bay of Bengal. As you know Madras is on the east coast of India and located close to Singapore. The Japanese had their eyes on Singapore and were planning an attack. My father had been running a wholesale hosiery supply business in Madras located close to the harbour. The location for our shop was excellent since it was close not only to the Harbour but also to the Central Railway Station. Transportation was easy and being a busy market area we had good footfall by customers. With the threat of Japanese attacks on Singapore, there was an element of fear amongst the traders in our area. What if the Japanese bombed the harbour?. We will be finished and ruined. My father was alert and kept in touch with the war news. He used to listen to BBC world news at 9 pm every day on the radio.

One day we heard that a bomb had fallen on Madras close to the harbour. People panicked and became restless. Father enquired and found that the news was correct. In fact, a bomb had fallen on the tower of the railway station building and a balcony was smashed. People found remnants of the debris in the station yard. It appeared it had Japanese markings.

A call went out among the traders that the place near the harbour with shops should be evacuated. Father made quick plans and decided to close the Madras shop. His younger brother lived in a town called Salem quite far from Madras. It was a safe place. Salem was also a trading center and his father felt that he can open a shop there and continue his wholesale trade. He decided that besides wholesale, he will also have a retail outlet of branded garments and textiles. He quickly moved his stocks to Salem, took a small shop on rent, and opened his business. The Salem shop thrived. He put his younger brother, Krishna in charge. This youngster had a pleasing personality and was alert and customer friendly. He managed the shop admirably and the business grew. It became a market leader in the textile trade.

After the war ended in 1945, father went back to Madras and restarted his wholesale business. He left the Salem shop in the able hands of Krishna. Life went on smoothly with my father expanding his business in Madras. Based on Krishna’s retail success in Salem, my father set up two shops in different locations in Madras. I was given charge of these shops and I specialized in the retail operations whilst my father and my elder brother handled the wholesale activities.

Many years later the business grew into a profitable entity. Madras shops prospered and Salem shop exceeded all expectations.

Years later father passed away and soon after my uncle in Salem, Krishna also passed away. The mantle fell on the next generation. The wholesale shop near the harbour was managed by my elder brother and the two retail shops in Madras were looked after by me. Salem shop was taken over by Krishna’s two sons. Over the years because of the profitable growth in the Salem shop, my father had bought land and constructed a building of two floors to house the shop. It was located in a prominent market area near the main Bus stand. Good traffic of customers was present and excellent sales turnover was achieved.

Father had bought the land in the name of Krishna. He had great affection for his brother who had stood by him during the war years and supported him. Father built the shop in the name of his Madras business called Royapetta Trading Company.

Krishna’s two sons, Suri and Ramu were brought up in a lavish lifestyle. They enjoyed the profits of the Salem shop by spending on expensive furnishings and gadgets for their homes.

When Krishna passed away, Suri and Ramu took over the shop and tried to manage it. They continued their expensive lifestyle. The business started floundering. The competition had come up and the new shops offering new products and fashions started biting into their sales. Price cutting and discounts were rampant and customers enjoyed playing one shop against another to get the best advantage on price. Turnover and profits slumped and expenses went up. Suri and Ramu started heavy borrowing in the open market from expensive lenders. They took many personal loans at high-interest rates.

Meanwhile, the Madras shops also were under strain. The wholesale business is run on credit. One buys on credit and sells by giving credit. The skill is in cash flow management. One collects payments and then releases payments. It’s an art that my father had perfected and he was agile and adept in it. My brother couldn’t succeed. He lost money heavily. He couldn’t collect but had to borrow to pay suppliers. Slowly the wholesale shop started sinking and had to be wound up. A lot of money had to be written off as bad debts.

The retail shops that I have been managing are struggling because of competition, but they keep going. My sons are helping me to manage the shops and so far we are keeping our heads above water.

But look what happened to Salem shop. After Krishna’s death, his sons were coopted as partners. The lenders of Suri and Ramu threatened to take over the shop to recover their loans. I couldn’t keep quiet and just watch the decline. I decided to intervene. I took charge and asked Suri and Ramu to hand over the management to me. I told them to resign as partners. They resisted at first, but I was firm. I paid them some money and they left. I restructured the organization and manpower. I retrenched some lazy and idle persons who were a financial burden. I mortgaged the shop building and stocks to a prominent textile wholesaler in Madras and took an interest-free loan from him to revamp the shop and sales. The wholesaler knew my track record in Madras and readily agreed to support me. It took me many years of hard work to resurrect the Salem business and re-establish its position as a leading sales outlet. I increased sales and profits and slowly repaid the loan to the wholesaler. The day I paid the last installment of the loan and redeemed the property documents of the mortgage, was a red-letter day for me. The shop was back in shape and I decided to go back to Madras to help my sons manage the retail shops there.

Am I boring you, Hemant? Now comes the important stage”

“No, no Raja, please go ahead”, said Hemant

“The boys in Salem became reckless. They borrowed and spent on frivolous things. Slowly the lenders came to know that they had no means of income. The shop was not in their control since I was managing with my Madras team. They started putting pressure on them for repayment. They started harassing them. Suri borrowed money from his wife’s family, sold his mother’s jewellery, and repaid his loan. He was lucky not to lose his house. But Ramu had no other source to arrange funds. His wife’s family was not helpful. He sold his house and liquidated his loan. The beautiful house built for him by his father, Krishna was gone.

One day, several months later, Suri came to Madras and asked me for the property documents of the Salem shop. I was still managing the shop which was running at low key.

We had a long discussion. He said that he did not have any income and both he and Ramu had great difficulty educating their sons and maintaining family expenses. He played the emotional card and spoke at length about his father, Krishna. He said that since I was growing old, I will not be able to run the Salem shop as before. He explained to me the benefits of leasing out our shop for a long period. We will get a substantial payment as a lease amount and the three of us could share it. He will ensure that I receive a large amount commensurate to my seniority and contribution to saving the shop from lenders. I think I got swayed by these words and being my cousin, I never thought he will cheat me. I agreed and gave him the papers.

Three months later I heard from an old friend in Salem that the shop and land had been sold by Suri for a large amount and the new owner was planning to demolish and rebuild the building. I was shocked. How can Suri sell the shop and land? After all my efforts to save it for the family, is this right?. I tried to contact him several times, but he never responded. One day I received by post a cheque from him for Rs1,50,000/-. I had heard from sources that the property was sold by him for Rs 2 crores. How can he do this to me?  He has cheated me! Not only the shop and land have gone, but also he has cheated me by stating false promises.

I was a fool. I did not have any agreement or letter from him. I did not make a request letter from him for the property documents nor did I ask for a receipt. Everything was verbal in good faith. An excellent opportunity to cheat. Can Suri do this to me? Yes, he has done it. I, a fool had been cheated by my own cousin. What do I do now, Hemant? Everything is gone and I don’t have the energy and stamina to fight now”

After listening to this story from Raja, Hemant felt sorry for him. “I must do something to help him”, thought Hemant.

“Relax now, Raja. I’ll think seriously tonight and will come out with a plan by tomorrow morning. I’ll come here to meet you by 10 am. Take care and don’t get disturbed”

So saying Hemant left and walked straight to his flat in the next block.

That night Hemant gave a ring and spoke to his old friend Cajetan Lobo in Bangalore. Lobo was an experienced Investigator and Detective with a very good track record. He had innovative ways of analyzing issues and finding solutions to problems.

Hemant explained in detail his conversation with Raja and the core contents of the problem. He requested Lobo to take up the case and help Raja to overcome the issue. Lobo agreed and assured Hemant that he will fly to Madras the following day and contact him in his flat.

Hemant, as planned visited Raja the next day and told him about Lobo’s arrival. Raja looked worried and said “Where will this lead me, Hemant?  Will I have to fight with my cousins?”

Hemant said, “It’s not a fight, Raja, but an effort to bring justice to the issue. Suri has cheated you. He should know that and pay for his folly”.

It was 3 pm when the bell rang in Hemant’s flat.

“Hello Lobo. It’s good to see you after nearly 6 months. How have you been? Any good cases? I know you are always itching for a challenge”.

Lobo briefed Hemant on some of the cases he had recently handled and how difficult they were to solve. “That’s the life of a freelance detective. No shortage of problems and headaches,” .said Lobo.

Hemant once again explained the case details regarding Raja to Lobo and after a cup of tea, they left for Raja’s house.

Lobo asked Raja searching questions and asked him to clarify certain points which were not clear. He said, “ In a nutshell, our case is one of cheating and breach of trust. Our goal is to ensure that the illegality of Suri’s action is exposed and fair compensation is obtained from him. The property has been sold and maybe even the building has been demolished. You say that the land is in the name of Suri’s father. After the death of his father Suri and his brother become legal heirs. I wonder whether the documentation has been done for this succession. The building, you say is in the name of the trading company started by your father.  You also say that the Salem shop was functional when Suri executed this sale transaction. There is a point in this and I have to further examine the impact of this on the sale transaction. It’s a pity you did not make an agreement with Suri when you handed over the property papers to him. By the way, do you have copies of the papers with you”?

“No, Mr. Lobo. I don’t have for the land, but for the building, I have to go through the old file which my father maintained”.

“Let’s put it this way. As early as possible please pull out all the old papers, notebooks, files, bits of paper, sheets, and scribblings pertaining to the Salem project from your father’s desk and box. Put them in another box and give them to me for a few days to browse and search for clues. I’ll be staying with Hemant in his flat and we have plenty of space to spread the papers and study them. Let’s see what we can find. A few clues and leads will give us direction and focus. I will then work out a plan to approach and attack the issue”.

“Thank you Mr. Lobo”, said Raja “I feel encouraged and motivated now. With your help, that cousin of mine, Suri should learn a lesson. What can I pay you for your services”?

“Hemant will maintain accounts of all expenses incurred on this case. You can leave an imprest account with him and replenish the same from time to time. I’ll keep expenses to the minimum and assure you of my wholehearted effort to win this case. Now please concentrate on collecting all the case papers and give them to me when I meet you tomorrow”. Saying this, Lobo and Hemant left Raja’s house and walked to a taxi stand.

That night Raja pulled out all the old suitcases and boxes which contained his father’s papers. There were so many ledgers, notebooks, and loose sheets of paper. He did not know which book contained what information. He couldn’t segregate. It was all a mess and jumble. In anguish, he put all books and ledgers in one box and all loose sheets of paper in another box. It was up to Lobo to find what he wants. It was 11 pm when he finished repacking. “Hope for the best”, thought Raja.

Lobo meanwhile had a long chat with Hemant. He gave him a broad explanation of his proposed method of attack to this case. As an experienced Investigator, he had his methods fine-tuned over the years. By and large, he was successful in solving and settling cases.

For this case, he wrote down in his pocketbook the following points:

1. Study the land documents

2. Study the approved building plan and documents.

3. Study the local Government and city council registration and permission documents such as patta, patta extract, property tax receipts and correspondence and letters. This should be done for the entire period from 1941 to now.

4. A visit to Salem to see the site and the present condition of the land and building. Who is the new owner and what is his name?

5. Get to know the local sub-registrar and some of his assistants. A bit of money will bring out a lot of useful information.

6. When Suri sold the property, the transaction would have been registered in the sub–registrar’s office. Get copies of relevant pages in the Sale deed and obtain a copy of the  “Encumbrance Certificate.”

Lobo thought “If I can accomplish the points I have made in my pocketbook, the picture will become clear. The deviations from the legal route will stand out and I can decide on further action. I should do all this quietly and without attracting attention. As and when I feel I should change tactics, I will do so. I am looking for evidence to prove the illegality and unfairness of the transaction by Suri. I’ll monitor my progress periodically and apply course correction when needed”.

He briefed Hemant on his thoughts and plans and went to bed. It was almost 1 am in the morning.

The next day at about 11 am Lobo and Hemant reached Raja’s house. The two boxes with all the papers were given to them by Raja.  They took the boxes and immediately returned to Hemant’s flat.  Lobo took out the papers from both the boxes and spread them neatly on the floor segregating the contents from each box. The search began.

Lobo went through the notebooks first. The information in the books was mostly about the wholesale shop in Madras and records of receipts and expenses. Not much useful data in these. Nothing concerning Salem.

He took out the ledgers next. All the information was about Profit & Loss Accounts and Balance Sheets prepared by an Auditor named Kodand. Lobo was disappointed so far.

Next, he pulled out all the loose sheets of paper and some old files. Success!! He saw a file named Salem work. He thumbed through every page and found it contained bills of contractors who worked on the Salem building. There were payment receipts and vouchers. One particular page attracted his attention. It was a letter issued by the Local Council giving permission to build the shop. It asked the Royapetta Trading Company to pay the necessary fees for a commercial building to start a shop. “Ah, some proof”, said Lobo.

He went on to the other files and papers. An old brown large envelope had some bulging contents. He opened it and found building drawings with the local Council stamp of approval. He also found Tax receipts and Valuation certificates. Lying close by on the floor he found another envelope. On opening, he found a typed copy of a Sale Deed. It was the purchase of land in 1942 by Raja’s father. It was bought in the name of his brother Krishna.

Lobo went through quickly the other papers and Oh, great luck. He found Council tax receipts dated the 1950s and 1960s issued by the Council in the name of Royapetta Trading Company.

It was becoming clear to Lobo by now that the facts regarding ownership of land and building were getting established. But, so far he had not seen an agreement between Krishna and Royapetta Trading Company regarding the building of the shop on land owned by Krishna. One thing was clear as regards the building. The owner was Royapetta Trading Company and the Property Tax receipts were in this name.

Lobo gave himself a break and decided to go for a walk with Hemant to refresh his mind. They walked towards the shopping center and dropped into a small café. They sat in a quiet corner and ordered some snacks and coffee.

Lobo said to Hemant “It is becoming clear now, Hemant. We must go to Salem for a few days now and collect other important information. One thing we know now and it is more or less confirmed that the building is in the name of Royapetta Trading Company. As Suri has no connection or association with Royapetta Trading Company, how can he sell the building? RTC has not given any “No Objection”  and there is no record that they agreed to the sale.

We must establish a few more vital facts in Salem. Then, once we have formulated our strategy we can confront Suri and challenge what he has done.

Lobo and Hemant took the night train to Salem and by early next morning, they got down at Salem Junction. They checked into a Hotel that was close to Main Bazaar and the bus stand. They had a quick wash and breakfast and soon they were on the way to the main market area. They walked around and took some photos of the area. They got close to Raja’s old shop and looked around. There was a big board on the building “ Anubhav Textiles”. The name board was colourful and gave details of address and phone number. The time was 10 am. Another half an hour and the shop will be open. They walked around a little more and looked at other shops in the area. At 10.40 am they entered Anubhav Textiles shop. Some shop assistants were cleaning and dusting the counters and shelves and others were getting ready to serve customers. As Lobo and Hemant looked around, a young man walked across and wished them. He said that he was Anubhav Gupta, the shop owner. “What would you like to see, sir”, he said “textiles and cloth are on the ground floor and ready-made garments and branded products are on the  first floor”

“Let me have a look at both, Mr. Gupta before I decide,” said Lobo. Can I have your card and phone number? I am here in Salem for a few days and would like to keep in touch with you. I want to buy shirting and suiting materials for my employees in Bangalore. I was told we can get good shirts and towels also here. We are celebrating our annual day in our factory and I normally give gifts to all my employees during this event”.

Anubhav gave his card to Lobo and took down Lobo’s phone number in Bangalore. Lobo briefly questioned Anubhav on a few points and verified discreetly the date of purchase of the land and building. After an hour in the shop, Lobo said “I’ll be back in a day or two and finalise my purchases. In any event, I’ll call you before I leave Salem”

On reaching the hotel, Lobo made several notes in his pocketbook.

The next day they went to the sub registrar’s office. With Anubhav’s card, he now had the full address of the shop. He made friends with a clerk in the office and told him “I would like you to please Xerox the first three and last three pages of the Sale Deed of this address. It was bought by Mr. Gupta two years ago and registered here. I’ll take care of you in the usual way. Also, I want to file for an “Encumberance certificate “ for this property. Can you help me?

The clerk smiled and said “Alright, but it will be risky. I’ll do it if you can pay me well. Here is the form of application for the Encumberance Certificate. Fill it up right now and give it to me.”

Lobo filled up the form and gave it to the clerk.

“How much will you pay me?” asked the clerk

“A thousand Rupees” said Lobo

“No, no. I told you it is risky work. You must pay me three thousand Rupees. I can’t do it otherwise”

“Alright” said Lobo “When can you give it”?

“Same time tomorrow”

Lobo and Hemant left the office and walked back to the market area.

Next morning they promptly went to meet the clerk in the sub registrar’s office. The clerk smiled and gave the papers to Lobo. In turn, Lobo paid him and returned to the hotel with Hemant.

Lobo spread the papers on a table and looked at the Sale Deed copies first.

It was clear that the sale transaction had taken place between Anubhav and Suri & Ramu. The signatures were clear and the transaction amount was clearly mentioned. The addresses of the buyer and seller were also clear.

Lobo looked at the Encumberance Certificate and found that there were two entries. First Krishna’s name and second Anubhav’s name. Lobo understood that this was for the land. But the EC did not have the names of Suri and Ramu before Anubhav’s name. It appears Suri has sold the land without his ownership recorded.  How could he do it?

In the afternoon Lobo and Hemant went to the local Council’s office and contacted the ward officer in charge of the main market area. Once again they negotiated a payment figure for obtaining a copy of the patta certificate and patta extract. The ward officer went to the relevant computer operator and linked the code number from the old Tax paid receipt that Lobo had found in Raja’s papers and found out the present Property Identification number. With this, the operator took out printouts of the patta and patta extract. Money changed hands with the ward officer and Lobo and Hemant were on their way to the hotel.

On examining the papers, Lobo found that the name Royapetta  Trading Company was still shown in the patta certificate. Obviously, Anubhav had not applied and got the patta changed to his name. He had bought the property, but so far he had not changed the patta.

This information amply established the fact that the building was in the name of Royapetta Trading Company and Suri had no ownership over it. Lobo was sure that if he checked, the electricity and water bills will also be in the name of Royapetta Trading Company. Without the new patta certificate, the owner’s name in the utility bills cannot be changed.

Lobo heaved a sigh of relief. He said “Now that these facts have been confirmed, I will formulate a plan of action to confront Suri”

Back in Madras, Lobo said to Hemant “here is my plan. Make notes, Hemant as I talk so that we can explain to Raja this afternoon”

The notes made by Hemant were as below

1. After Krishna’s death Suri should have got the land ownership transferred to his and Ramu’s names. It appears that he has not done this.

2  The shop Royapetta  Trading Company was still operating low-key. Raja could not visit Salem as before because of his health. His son occasionally visited the shop. The accounts and administration of the Salem shop were entrusted to a senior employee who had worked from the time of Raja’s father. He took care of sales and collections also.

3. Suri visited Raja in Madras and told him that he wanted to lease out the shop to a friend of his for a substantial sum. Since he was not involved in the shop and Raja was not able to visit Salem frequently, it was better they leased out the property and shared the proceeds. The land was supposedly in the name of Suri and Ramu and the shop building and business were in the name of Royapetta Trading Company. Raja was reluctant at first but later agreed to the lease idea.

4. Suri returned to Salem with this acceptance by Raja. But what did he do? He sold the entire property for a large amount. The buyer was Anubhav Gupta and he used the shop building to his advantage. He refurbished the interiors and developed a new modern layout. He discontinued the services of the existing shop personnel and brought in his own people.

5. Raja came to know of this sale from some of the old employees who demanded payments and compensation for losing their jobs. Before he could verify the news, Suri contacted Raja and gave him Rs 1,50,000/- as his share of the proceeds.

6. Raja came to know from old friends in Salem that Suri had sold the property for more than Rs 2 crores. Raja was shocked and felt cheated.

7. Now the question is — How can Suri sell a building which belongs to someone else and he is not the owner?

8. Can this be proved? Yes, because of all the facts Lobo has unearthed from the papers given to him by Raja and from the information collected in Salem.

9. It was beyond doubt that Suri’s sale transaction was illegal and at fault. He can sell his property but not someone else’s.   Royapetta  Trading Company was an Occupier of the land because he built his shop on the land. If Suri wanted to sell the land he can do so only after obtaining a No Objection letter from RTC and paying fair compensation to RTC. Suri did not do both. His transaction was Illegal.

10. It is a clear case for Legal action and filing of a suit against Suri by Raja. Heavy damages and compensation must be claimed and penal action taken against Suri.

Hemant made a neat copy of his notes and the next day he and Lobo met Raja and gave him the notes. Raja quickly scanned the notes. He saw the last sentence and was stunned. He was speechless and stared at Lobo.

“My God, Mr. Lobo you have hit the nail on the head. What a punch and a blow to Suri, said Raja “What do we do now”?

Lobo looked serious and said “We must issue a legal notice to Suri highlighting his illegal action and demanding damages and compensation. Do you have your lawyer, Raja”?

“Yes I do, but he is old now and slow in understanding and action. It will be better if you find a smart lawyer who can issue the notice and if required represent me in court”

Lobo said, “I have my friend in Bangalore. His name is Devadas and he is one of the best in both civil and criminal cases. I’ll talk to him and arrange with him to represent you”.

In the next few days, Lobo coordinated with Devadas and a notice was served on Suri.

Shock and awe for Suri. He rushed to Madras and stood before Raja.

“What have you done, Raja. I am stunned”.

“I am sorry Suri I had to do this. You cheated me and lied to me. You made big promises about leasing and then without telling me you sold everything. How can you do this? The shop RTC has brought up our families and supported us for two generations. You know how I struggled to keep the shop running when you and Ramu had almost destroyed it. Once the shop came back to normal I had planned to train you to succeed me. I had to remove you and Ramu as partners before I took charge for a reason. The Madras wholesaler agreed to fund me for the revival of the shop on the condition you both were not there in the partnership. He had received reports about your lavish spending and borrowing to maintain your lifestyle. He told me that if you were there, all the money he loaned me will be destroyed. He did not have confidence in you. Once I confirmed to him that you both were removed from the partnership, he released the interest-free loan to me. How did I inspire confidence in him? Only hard, honest and sincere work can display confidence. He believed me and trusted me. I kept my word and returned the loan when the shop could stand on its own feet.  My father was an honest man. He gave good service to his customers and took good care of not only his own family but also his extended family and employees. We have a proud and glorious heritage. You have destroyed it with your greed and dishonesty. I have to act now and punish you. I am sorry Suri”.

Suri looked crestfallen. He said “I regret what I have done. Can we not come to a settlement out of court? I don’t want my family to know that I have done something that entails court procedure. Tell me the amount I must pay you as compensation. I have invested the sale proceeds in bank instruments. As they mature I can withdraw them and pay you”.

Raja looked at Lobo.

Lobo said “it can be done. There should be a clearcut registered agreement to this effect giving a schedule of payments to Raja from Suri. What will be the total amount of the compensation”?

Raja looked at Suri and said “I have worked hard for Salem. We are three of us, yourself, Ramu, and me. Let us divide the sale proceeds three-way. One-third of the amount to each. What do you say, Suri?”

Suri agreed and it was also agreed that Lobo in consultation with his lawyer Devadas will prepare the agreement at the earliest. The same will be signed by Raja, Suri and Ramu as the key persons. Hemant and Lobo will sign as witnesses. The agreement will be registered in the Salem sub registrar’s office.

Raja looked at Lobo and said “I am grateful to you Mr. Lobo and to Hemant for all your efforts in bringing peace of mind to me. I hope Suri has learned an important lesson from this experience and he will be a better person in future”.

Lobo said, “Truth can never be hidden. If one person is dishonest, there is always another person with integrity who will expose him. Honesty is the best policy”.

And thus ended another successful case in Cajetan Lobo’s Casebook.

About the Author:

Chandrashekar Sundara Rajan is a retired engineer with nearly 50+ years of experience in engineering projects all over India. He is well-traveled and has worked in various countries around the world. He is an avid Writer of both Short Stories and Articles of public interest.