P.C. :

1. The Notice of Motion is taken out by the Plaintiffs, who are trustees of two public charitable trusts, for a temporary injunction to restrain Defendant No.1 society from transferring 60 flats referred to in the plaint without the consent of the Trust.

2. Plaintiff Nos.1 to 4 are trustees of Seth Behramji Ferdunji Kuka and Bai Ratanbai Behramji Kuka Charity Trust (“Kuka Trust”), whilst Plaintiff No.5 is the sole trustee of Bai Hirabai Manchersha Gilder Charity Trust (“Gilder Trust”). Trustees of Gilder Trust were owners of a plot of land admeasuring about 3430 sq. yards at Andheri in Mumbai, and by an agreement for sale dated 20 February 1989 agreed to sell to the trustees of Kuka Trust the said land for a price of Rs.2 lakh. The purchasers, in turn, agreed to construct a building/buildings in the land for low income group Parsis. There were restrictions as to the area and price of flats to be constructed in the building/s. The area of the flats was not to exceed 350 sq. ft and the price not to exceed the cost price. It was agreed that it would be an express term of the by-laws of the proposed society or regulations of the association of flat purchasers that each a