D. B. Bhosale, J. - (1.) Heard learned counsel for the parties.
(2.) This writ petition under Article 226 of the constitution of India is directed against the judgment and order dated 10. 5. 2005 rendered by the joint Charity Commissioner, Greater Mumbai Region, mumbai rejecting the application filed under section 36 (2) of the Bombay Public Trust Act, 1950 (for short 'the Act'). The said application was filed by the petitioners seeking revocation of the order dated 31. 12. 2003 passed under section 36 (1) (a) of the Act, sanctioning the sale of land of respondent no. 1 -trust bearing Survey No. 292, Hissa No. 11 (pt) village kolekalyan admeasuring 6 acres, 16 gunthas (for short 'the said land'). Admittedly, pursuant to the order under section 36 (1) (a) a deed of conveyance had been executed by respondent no. 1 - trust in favour of respondent no. 2 - firm on 15. 6. 2004.
(3.) The petitioners claim to be the heirs and legal representatives of one Anthony Louis Machado, who, according to them, was lessee in the said land since 1949 at a monthly rent of Rs. 116/ -. Anthony died intestate at Mumbai on 30. 12. 1983. He had allegedly constructed several structures in the said land and inducted tenants therein. Several suits filed by Anthony for recovery of possession are pending in different courts even today. The petitioners are pursuing those suits as heirs and legal representatives of said Anthony.;