VINEET KOTHARI,J. - (1.)This intra-Court appeal by Appellants-Petitioners, Manubhai Bhanubhai Gajera and Mohanbhai Veljibhai Tank, now represented by his Legal Heirs, is directed against the order dtd. 3/12/2014 of the learned Single Judge, by which the challenge laid by the Petitioners to the order of the learned Charity Commissioner, Surat dtd. 21/8/2009 in Application No.36/42/2005, which order was confirmed by the Gujarat Revenue Tribunal vide its order dtd. 25/1/2011 in Appeal Nos.7 and 9 of 2009, was rejected.
(2.)The learned Charity Commissioner permitted the sale of the Trust property in question by public auction by the Trust known as "Bai Pirojsha Maneklal Patel Singanporwala English High School for Girls Trust", a Public Charitable Trust, which property was vested in Surat Parsi Panchayat, a Trust registered under the Bombay Public Trusts Act. The sale in question was made in favour of the Respondent No.4, Mr. R.D. Chaudhary, for a open bid sum of Rs.2.72 Crores, as against the Upset Price of Rs.1,02,11,033.00.
(3.)The present Appellants-Petitioners claimed to be the Agreement Holders under the Agreement to Sell allegedly executed in their favour by the Tenant of the land in question, an Agreement which is said to have been executed on 13/9/2000, for which the Appellants-Petitioners had also filed a Civil Suit for specific performance being Civil Suit No.299 of 2007, which was dismissed by the Civil Court on 23/2/2018. Another Suit for similar purpose was also filed being Civil Suit No.300 of 2007, which came to be dismissed under Order 7 Rule 11 of the Civil Procedure Code on 10/7/2019. Thus, these Agreement Holders, the Appellants- Petitioners, could not get a right crystallized in their favour under the said Agreement to Sell dtd. 13/9/2000; still, they sought to challenge the said sale in favour of the Respondent No.4, Mr. R.D. Chaudhary, which was repelled on the ground that the Trust was exempt from the rigors of the Gujarat Tenancy and Agricultural Lands Act, 1948.