( 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 and bank draft for Rs. 32 500 as deposit. On 9. 12. 78 the petitioner submitted tender for Rs. 1 33 999 and bank draft for the deposit of 1/4th of the purchase price. It is admitted position that though the tenders were submitted by the parties in sealed covers the bank drafts were handed over separately to the advocate of the Respondent No. 2-trust. (iii) Before the Joint Charity Commissioner two objections were raised to the acceptance of tender of the petitioner namely (i) the tender submitted by the petitioner on 9/12/1978 was beyond time limit and (ii) that acceptance of open bank draft towards 25% of the purchase price was irregular and the entire proceedings thereafter were vitiated. (iv) On the said objections raised by the respondent No. 1 to the offer made by the petitioner the Jt. Charity Commissioner was pleased to pass order dtd. 6/02/1980. By the said order the Jt. Charity Commissioner accepted the offer of the petitioner for the amount of Rs. 1 33 999 in exercise of powers conferred upon him by Section 36 (1) of the said Act. (v) Being aggrieved of the said order of the Jt. Charity Commissioner passed in exercise of powers conferred upon him by Section 36 (1) of the said Act present respondent No. 1 preferred appeal u/sec. 36 (3) of the said Act to the Gujarat Revenue Tribunal and the Tribunal by its judgment and order dated 6/08/1980 allowed the appeal and set aside the order of the Jt. Charity Commissioner dated 6. 2. 80. (vi) As regards the first objection that the petitioner had submitted the tender after due date the Revenue Tribunal did not accept the same. The Tribunal came to conclusion that the Jt. Charity Commissioner has rightly held that the submission of tender by the present petitioner on 9. 12 was within time. The advertisement was published in daily newspaper Pratap of 1. 2. 78 and according to advertisement sealed tenders were to be submitted within 8 days. Eighth day would be over on 9. 12. 78 and therefore submission of tender by the present petitioner on 9/12/1978 was regarded as within time both by the Jt. Charity Commissioner as well as by the Revenue Tribunal. So far as this finding is concerned same is not under challenge before me inasmuch as the respondent No. 1 has not challenged the same finding by filing separate petition or by making any submission in that behalf.

( 2 ) THE main submission raised by Mr. A. S. Vakil for Mr. S. B. Vakil on behalf of petition relates to the second objection. It is the case of the respondent No. 1 that the amount of deposit of 25% of the purchase price was tendered by him as well by the petitioner by open bank draft. The said tender of draft being of 25% of the purchase price it was very easy for the other side or other tenderers to know the exact quotation of price and therefo