( 1 ) BOTH the petitions are relating to same subject-matter and integrally connected and therefore are decided together. There exists a Januhasan charitable Trust at Dhoraji of which respondent No. 4 is a trustee. The land in question admeasuring 26,788-8-2-0 sq. yds. was purchased by the trust at the rate of 0-04 annas per sq. yd. , from the erstwhile State of Gondal on 10-8-1940. The land is situated at village Dhoraji. At the back of grant along with the map of the site, a note was put up which reads as under : (Quotation in handwritten Gujarati)

( 2 ) A charitable hospital was constructed on part of the land. Some shops were also constructed for yielding income. However, major portion of the land was lying vacant. In June 1981, some communal riots took place in village dhoraji in which the building of the hospital was severely damaged and was rendered incapable of being used. An application was moved to the Joint Charity commissioner on 15-11-1983 by the Managing Trustee of the said trust seeking permission to sell 26. 6. 6 sq. yds. of open land. It was stated in the application that due to riots on 13-6-1981, the hospital building consisting of about ten rooms including furniture, medical appliances had been destroyed. These properties have been ordered to be written off by the Charity Commissioner on the report being made in that behalf. It was pointed out that to construct a new building an amount of Rs. 20. 00 lakhs is estimated to be required, the trust having limited funds to meet these requirements needs this property to be sold. It was also pointed out that trust after selling the land may construct a new hospital elsewhere from the funds realised to be from the sale of the land in question. For the purpose of construction of new hospital it was pointed out that another plot of about 2,400 sq. yds. , has been donated to the trust, at a different site near dhoraji. Certain objections were filed to this application by respondent No. 5 and two others for rejecting the permission. The Charity Commissioner after considering the objections fixed the minimum price at which offer for sale be invited at rs. 125/- per square yard. Thereafter, on 16-3-1984 a public notice for sale of the plot in question was issued which appeared in the daily newspaper Fool Chhaab of Rajkot. In response to that advertisement, the present petitioner offered highest price of Rs. 45. 00 lakhs. To the acceptance of this offer, two objections were raised, one by Patel Kadwa Arjan, who is respondent No. 5 in Special Civil application No. 869 of 1986, and another by D. R. Bhalra. Ultimately, vide his order dated 30-5-1984, Joint Charity Commissioner granted permission to sell the land in question for a sum of Rs. 45. 00 lakhs in favour of present appellant. Aggrieved with the grant of said permission, three persons, namely, Bhaichand pranlal Dhoneja, Kishorekant Talekchand and Jayantilal Bachubhai Padalia, who are respondent Nos. 1 to 3 in Special Civil Application No. 869 of 1986, against the order of Joint Charity Commissioner, before the Gujarat Revenue Tribunal under Sec. 36 of the Bombay Public Trusts Act. The grant of permission was challenged on the ground firstly that land in question has been allotted at a concessional price only for the purpose of constructing a hospital thereon and it cannot be put to any other use, except with the permission of the competent officer for change of user, the sale would result in breach of condition of allotment. Secondly that there has been collusion between the Managing Trustee and the purchaser who are near relatives for which support was drawn from the fact that lesser percentage of the offered price has been deposited as earnest money then the usual practice, because the Managing Trustee and the purchaser are near relatives and that while earlier contract which the trustees has made on 21-10-1983 before applying for permission of Charity Commissioner was for a sum of Rs. 60. 00 lakhs agains