DINSHA KAVASJI GHADIYALI Vs. JAMSHED PESHOTAM DOTIWALA

JUDGEMENT

(1.) Rule. Learned advocate Manan Bhatt waives service of rule on behalf of respondent Nos.1 and 2 and learned advocate Mr.Amit K. Dave, waives service of rule on behalf of respondent Nos.3 and

(2.) This petition is filed alleging contempt of the Court as allegedly the respondents have disobeyed the order dtd. 5/5/2023 passed by the Gujarat Revenue Tribunal (hereinafter referred to as "Tribunal" for short) in Appeal No.23 of 2022. The applicants also pray for purging of the contempt by cancelling a lease deed No.6447 of 2023 dtd. 9/5/2023 registered with Office of the Sub-Registrar, Surat-5. This lease deed pertains to property in question bearing survey No.67 of Town Planning Scheme No.8, Umarvada with final plot No.50.

(3.) The aforesaid property is in the name of Surat Parsi Panchayat Funds and Properties Trust (hereinafter referred to as "Trust" for short) of which the respondents Nos.1 and 2 are the trustees and respondent Nos.3 and 4 are the tenants of the trust properties. The trust had filed an application seeking permission under Sec. 36 of the Gujarat Public Trust Act (hereinafter referred to as "the Act" for short) for executing a fresh lease deed in favour of respondent Nos.3 and 4, which came to be granted.