HARESHKUMAR KHUSALDAS AND COMPANY Vs. AHMEDALI YUSUFALI TINWALA

JUDGEMENT

(1.) Challenge is made by the petitioner, by this Special Civil Application, to the order Annexure 'F', dated 24th September 1985, passed by the Gujarat Revenue Tribunal, Ahmedabad, in appeal setting aside the order of the Joint Charity Commissioner, Rajkot, dated 30th April 1983 granting permission to the trustees for sale of the suit property to the petitioner.

(2.) The facts relevant for the purpose of deciding this case are that the respondent No. 5 is the sole trustee of a Public Charitable Trust called "Maulai Bapji Fakruddin Fatarwala-ni-Co." (hereinafter referred to as the 'Trust'). The said Trust owns a shop situated at Danapith area of ward No. 2 of Rajkot. The respondent No. 7 was the Secretary of the Trust whereas the respondent No. 13 and one Abdul Hussain Jivaji were the Joint Secretaries of the said Trust.

(3.) The shop in dispute was in possession of M/s. Ashra and Company, as a tenant. On 2nd August 1979, an agreement was entered into between the partner of the aforesaid firm and Shri Khushaldas Jethabhai, partner of M/s. Khushaldas Jethabhai & Co., for assignment of tenancy rights with goodwill and existing business for an amount of Rs. 10,000.00. Pursuant to the aforesaid agreement, M/s. Khushaldas Jethabhai and Co. came into possession of the suit property. On that date, the original tenant was paying Rs. 51.00 p.m. as rent, thereof, to the Trust. On the same date, an agreement to sell the shop in dispute was also entered into between Shri Hareshkumar Khushaldas, a partner of M/s. Khushaldas Jethabhai and Co., and also a partner of the petitioner firm, herein, on one hand and the said Trust, through its Secretary, respondent No. 7 and Joint Secretaries, respondent No. 13 and said Abdul Hussain Jivaji, for an amount of Rs. 48,500.00. On 7th September 1980, the trustees were said to have invited offers for sale of this property (shop) which was in possession of the tenant. In response to the said notice, no offer to purchase the said shop was received by the Trust. After aforesaid 'Sathakath' (agreement) was entered into, the trustees of the said Trust approached to the Charity Commissioner for grant of permission, to sale the shop, as required under S.36 of the Bombay Public Trusts Act, 1950 (hereinafter referred to as the 'Act, 1950'). The Charity Commissioner had given a Public Notice dated 13-4-1983, inviting offers for sale of the said property with tenant, for an amount more than Rs. 48,500.00. No offer in response to the aforesaid notice was received by the said Charity Commissioner. The Joint Charity Commissioner, Rajkot, by his order dated 30th April 1983, granted permission to the Trust for sale of the shop in question to the petitioner for Rs. 48,500.00. The respondent Nos. 1 to 4 filed an appeal against the order of the Joint Charity Commissioner, Rajkot, dated 30th April 1983 before the Gujarat Revenue Tribunal, at Ahmedabad. This appeal filed by respondent Nos. 1 to 4 came to be allowed by the Gujarat Revenue Tribunal, Ahmedabad, under its order dated 24th September 1985. Hence this Special Civil Application before this Court. None of the respondents have filed reply to the Special Civil Application and as such, the averments made therein stand uncontroverted.