ABBASBHAI KADERBHAI ABDOOJI TRUST Vs. CHARITY COMMISSIONER

JUDGEMENT

(1.) THE present writ petition under Article 227 of the Constitution challenges the order dated 20th February 1992 passed by the Joint Charity Commissioner, Pune Region, Pune whereby the Petitioner's application under Section 36(1) of the Bombay Public Trust Act, 1950 has been rejected.

(2.) THE Petitioner is a registered Trust and owns a property bearing CTS No.1045, Nana Peth, Pune which admeasures 16,656.56 sq.ft. The said property was purchased by the Trust by a registered sale deed dated 31st March, 1960. The aim and object of the Petitioner Trust is to maintain Abbas Maternity Home & Hospital, a High School and Madras. At present the property is fetching Rs.180/- as rent per month.

(3.) THE Joint Charity Commissioner, Pune Division, Pune by his order dated 20th February 1992 has rejected the application by holding that there is no compelling necessity to sell the property in question nor the price which is likely to fetch is a proper price.