SAM SAROSH BHACCA Vs. P V KAKADE

JUDGEMENT

(1.) BY this petition, the petitioners are challenging the order passed by the 1st respondent on 6th November, 1989 on an application filed by the petitioner under Section 36 (2) of the bombay Public Trusts Act, 1950 (for short "the said Act") for revocation of the 1st Respondent's order according sanction to sell an immoveable property admeasuring Order 47 Acres (20473. 20 sq. ft.) bearing C. T. S. No. 1-B and situate at Moledina Road, Pune. within the limits of Pune cantonment (for short, 'the Trust Property ).

(2.) THE petitioners are trustees of Surat Parsi Panchayet, a Public trust registered at Surat in the State of Gujarat. The petitioners claim to be beneficiaries under the Deed of Trust in respect of Seth Pallanjee patel Educational Charity Trust, (for short, the said Trust') a Public trust registered under the said Act. The said Trust owned the Trust property. Pursuant to the sanction accorded by the 1st Respondent as per the order passed on 25th March, 1988 under the provisions of Sections 36 (1) (a) of the said Act, the Trustees of the said Trust by the Sale deed dated 12th April, 1988, sold and conveyed the Trust property to the 7th Respondent who has been a partner in the firm of M/s. Darabjee and Co. , tenants at the Trust property, for the consideration of rs. 9,75,000/- on the terms and conditions mentioned therein. The said sale Deed is registered under the provisions of the Indian Registration act and the Trust Property has been transferred to the name of the 7th respondent. The Trust Properly ceased to be the property belonging to the said Trust and the 7th Respondent perfected his title thereto.

(3.) ON 20th November, 1988, the Petitioners filed Writ Petition no. 5550 of 1988 in this Court against Trustees of the said Trust challenging the said Order dated 25th March, 1988 passed by the 1st Respondent. The Trustees of the said Trust seriously disputed and stoutly denied allegations of the Petitioners as contained in the said Petition. The 8th Respondent in whose favour the 7th Respondent has entered into an agreement to develop the said property wa a party to the said Petition. By the Judgment dated 5th December, 1988, the Division Bench of this court disposed of the said Petition in the following manner :