JUDGMENT - To grant the relief’s sought is these petition would be to open the flood gates of litigation to all those who are disappointed in purchasing property proposed to be sold by a public charitable trust.

2. Respondents Nos. 3 to 9 in these petitions are the trustees of a public charitable trust registered under the provisions of the Bombay Public Trust Act. The trust owns inter alia, land situated at New Marine Lines, Bombay, which was 'in days gone by used as a cemetery for scotsmen dying in Bombay. On 13th December, 1972 the trustees entered in to an agreement to sell to the 2nd respondent the said land, admeasuring about 4000 sq. yds., at the rate of Rs. 65 per sq. ft. The agreement provided that the 2nd respondent would accept the title of the trustees and would not administer requisitions thereon. It provided also that the second respondent would pay all taxes and outgoings of the said land upon being put into possession and the costs and the stamp duty pertaining to the sale. On the same day, a supplemental agreement was entered into between the trustees and the 2nd respondent where-under the 2nd respondent undertook the obligation of removing at his cost the tomb· st

Click Here to Read the rest of this document