JUDGMENT - S.M. DAUD, J.:---This petition under Articles 226 of the Constitution takes exception to an order passed by the 2nd respondent upon an application moved under section 36(2) of the Bombay Public Trust Act, 1950- hereinafter referred to as 'the Act'.

2. Respondents Nos. 3 to 11 and the deceased respondent No. 12 were office bearers of a Public Trust known as Khoja Sumat Trust registered under the aforementioned Act. This Trust owned property bearing House No. 131/A, Nishanpada Road, Bombay-9. Petitioner was in occupation of the property as a tenant and the rent payable by her was meagre. For this reason, the Trust decided to sell the property. Advertisements were published in a certain number of newspapers and quotations invited from intending purchasers. Amongst the offers were the petitioner who quoted a price of Rs. 40,000/- and Mahendra G. Wadhwani, whose quotation was for Rs. 50,000/-. The Trustees expressed a preference for the bid offered by the petitioner and approached the then Charity Commissioner for sanction under section 36(1) of the Act. The order passed on 17th March, 1982 passed by the then Charity Commissioner is at Exh. B. The learned Officer sanctioned

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