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1995 Supreme(Guj) 75

S.K.KESHOTE
Patel Kaushikbhai Bhogilal – Appellant
Versus
Zapli Khadni Dana Nakhwani,chaklani Parabadi Trust – Respondent


Advocates Appeared: A.J.DESAI, D.T.Thakkar, M.C.BHATT, P.N.Bhavashi

S. K. KESHOTE, J.

( 1 ) THE Zapli Khadni Dana Nakhwani Chaklani Parabadi Trust (hereinafter referred as the trust) is a registered Charitable Public Trust, registered under the Bombay public Trust Act, 1950 (hereinafter referred as the Act ). The trust is the owner and occupier of land bearing Survey No. 165814, measuring A. O. 33gs situated in the sim of town Bawla of Dholkn Taluka, District Ahmedabad.

( 2 ) THE respondent No. 4 Chorapa Bawalia Patel Panch is an association of persons.

( 3 ) THE respondents Nos. 1, 2 and 3 are the trustees of the trust. The trustees of the trust have decided to transfer the aforesaid land of the trust on leasehold basis to augment the income of the trust. The respondents Nos. 1 to 3 published an advertisement in daily news paper " SANDESH" to lease out this land on lease for 50 years by public auction. To get a fair and reasonable price the trustees adopted this mode for transfer of land by lease. The auction was held on 29-6-1992, as (per) notice in the advertisement referred above. In this auction many of the bidders, including the petitioner No. 2 and respondent No. 4 in this petition had participated. The bid of the petitioner No. 2 was of Rs.



























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