THAKKAR KANJI MORARJEE BHATIA NIWAS AND THAKKAR VASANJI MORARJEE CHAWL TRUST Vs. CHARITY COMMISSIONER

JUDGEMENT

(1.) The plaintiffs who are two trustees of a registered public trust have taken out this originating summons for putting up certain questions before this Court as affecting the rights of beneficiaries and arising in the administration of the estate of the plaintiffs' trust. The questions are rather unique. The plaintiff would want the Court to answer :

(2.) Under clause 4A of the agreement dated 18th October, 1978 the sanction of the Charity Commissioner under Section 36 of the Bombay Public Trust Act, (BPT) was to be taken. Under clause 5 of the said agreement upon the completion of sale the purchaser had to enter into a lease with the vendors as the trustees of structure marked 'A'.

(3.) The plaintiffs claim that their predecessorintitle who were the earlier trustees of the plaintiffs' trust entered into an agreement to sell the trust property upon the sanction of the Charity Commissioner and simultaneously upon the sale the purchasers were to lease one structure marked 'A' on the plan annexed to the said agreement to the trust.