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2014 Supreme(Bom) 1869

ROSHAN DALVI
Thakkar Kanji Morarjee Bhatia Niwas & Thakkar Vasanji Morarjee Chawl Trust – Appellant
Versus
Charity Commissioner – Respondent


Advocates Appeared:
For the Plaintiffs:Soli Cooper, Senior Advocate a/w. Bipin Joshi, a/w. Ashwini Takalkar, Advocates.
For the Defendants:D.D. Madon, Senior Advocate a/w. Naushad Engineer, Counsel a/w. M. Sangoi, i/b. Federal & Rashmikant, Advocates.

JUDGMENT

ROSHAN DALVI, J.

1. The plaintiffs who are two trustees of a registered public trust have taken out this originating summons for putting up certain questions before this Court as affecting the rights of beneficiaries and arising in the administration of the estate of the plaintiffs' trust. The questions are rather unique. The plaintiff would want the Court to answer:-

(a) Whether the sanction to sale the trust property dated 13th November, 1979 issued by the Charity Commissioner stands complied.

(b) Whether the execution of the conveyance without the simultaneous execution of the lease deed would amount to breach of the condition of sanction dated 13th November, 1979.

(c) Whether such execution is valid and lawful.

(d) Whether the breach of the order dated 13th November, 1979 can be remedied and rectified by execution of appropriate lease deed.

(e) Whether or not the execution of the lease deed will invalidate conveyance.

(f) Whether the trustees are required to take legal proceedings to recover possession of the trust property from defendant Nos. 2 and 3.

2. Under clause 4A of the agreement dated 18th October, 1978 the sanction of the Charity Commissioner under Section











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