Mumbai Heritage Row: 140-Year-Old Parsi Club At Kala Ghoda Faces Eviction From Landlords; Court Hearing Scheduled On November 24

Mumbai: After a furore over the proposed sale of the Sanjan sanatorium, Parsis have raised concerns about the future of another community Institution - the 140-year-old Ripon Club on Mahatma Gandhi Road, Kala Ghoda.

Eviction Notice From Landlord Trust

The Parsi-only club, located on two floors of N M Wadia building, is facing an eviction notice from its landlords, N M Wadia Charities trust. On November 24, the Small Causes Court is scheduled to hear a petition filed by the trust, asking the court review the permission given to lawyer Khushru Zaiwala, a club member, to intervene and defend the club against eviction suit.

Dispute Between Trustees And Members

Zaiwala said that his intervention is necessary because the club's trustees, instead of protecting the club, have attempted to surrender a section of the club to the landlord trust. The trust, in its defence, says that Zaiwala intervened to prevent a compromise between the club and the trust to hand over a floor back to the trust while retaining another floor for a compensation. The club and the landlord trust have common trustees.

Historic Legacy Of Ripon Club

The club, set up in the style of men-only British establishments of the era, was started by Jamshedji Tata and Sir Phirozesha Mehta in 1885. It was the venue of meetings by leaders of India's independence movement, including B R Ambedkar and Mahatma Gandhi. The club currently has around 750 members. Women are now accepted as members but have no voting rights.

Compromise Over One Floor Proposed

Xerxes Dastur, trustee of N M Wadia Trust who is also a trustee of Ripon Club, said that the club's general body of has voted to surrender 10,000 square feet on the fourth floor to the landlord while keeping a similar area on the third floor.

"This was a compromise deal as the litigation has been prolonged. The club will get 35% of the rent coming to the landlord from the new tenants. The landlord started eviction proceedings against the whole club. Since the fourth floor is not being adequately used, the general body thought it is better to buy peace by surrendering a floor," said Dastur.

Court Proceedings And Legal Claims

Zaiwala said that the eviction is filed against an unnamed party called president of Ripon Club since Ripon Club is an unregistered body for last 140 years, and the landlord trustees have not made any trustees of club a party to the eviction suit.

"Instead of defending the matter, the trustees of Ripon Club, who are all close associates of the landlord trustees attempted to hand over 10,000 square feet of prime Ripon Club property then worth more than Rs 40 crores for free to the landlord trustees as a result of which a member filed an intervenor petition in 2016," said Zaiwala.

Trust Denies Allegations Of Undervaluation

A division bench allowed the intervenor application saying that member is a necessary party and be heard in the matter. N M Wadia Trust's review requests the court to rehear the matter 'on merits' and Zaiwala as a member not be allowed to be made a party defendant to defend the eviction suit.

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Court Hearing Scheduled

N M Wadia Charities claims that court erred in accepting the contention of an intervenor who has no 'privity' in the matter. The trust says that the contention that the contention that the club's property is being sold at 'gross undervalue' is false.

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