UPENDRABHAI SHANTILAL MANIAR Vs. MORARJIBHAI DHANJIBHAI PADIYA

JUDGEMENT

(1.) Leave to amend.

(2.) Sheth Shri Morarjibhai Dhanjibhai Padiya, Brahmakshatriya Boarding Trust, respondent No. 1 herein runs a hostel for the students belonging to Brahmakshatriya community in the city of Bhavnagar, on Plot No. 2178, City Survey No. 2973, admeasuring 2780.875 sq. meters. The hostel building suffered severe damage on account of the earthquake on 26th January 2001, as a result of which out of 24 rooms, 4 rooms were so severely damaged that they had to be pulled down. The building required major repairs and renovations. The expenses were more than the income of the Trust. On 5th March 2007, out of 19 trustees, 18 resolved to sell the land with building so that from out of the funds generated upon such sale, the trust could construct a new hostel building at another place near the newly established professional colleges, like the colleges of medicine, homeopathic, engineering, etc.

(3.) The trustees accordingly filed an application before the Joint Charity Commissioner, Rajkot seeking sanction to sell the above property under Section 36 of the Bombay Public Trusts Act, 1950 (hereinafter referred to as 'the Act'). The petitioner herein filed his objections on 01.02.2008 and also requested that his objections may be decided first before the application of the trustees for sanction is granted.