( 1 ) THERE is public trust duly registered under the provisions of the Bombay Public Trust Act 1949 and it is named as Shri Surat District Limbachia Valand Hitechchhu Mandal Surat. The said Trust owns and is possessed of properties bearing Nodh Nos. 3926 3927 3928 in Ward No. 7 at Surat. Respondent No. 2 the trustee of the said trust issued an advertisement dated 8. 7. 1978 inviting offers in sealed cover to dispose of said properties. It appears that the wife of the present petitioner submitted her offer to purchase said properties for Rs. 65 0 which offer was subsequently raised to Rs. 1 5 999 The said offer submitted by the wife of the petitioner was notified by public advertisement dated 1. 12. 78. In the said advertisement it was stated that the trust has also moved the Charity Commissioner for his prior sanction for sale of said properties and that if any one had objection to the said transaction he was invited to submit objections within 8 days persons interested to bid higher offer were also invited to submit their tenders with higher offers. (II) The respondent No. 1 herein approached the advocate of the respondent-trust and submitted offer of Rs. 1 29 999 a