Point of Law: In absence of a deed of conveyance no right title or interest in an immoveable property can be transferred

JUDGMENT :

VINEET KOTHARI, J.

1. This intra-Court appeal by Appellants-Petitioners, Manubhai Bhanubhai Gajera and Mohanbhai Veljibhai Tank, now represented by his Legal Heirs, is directed against the order dated 03.12.2014 of the learned Single Judge, by which the challenge laid by the Petitioners to the order of the learned Charity Commissioner, Surat dated 21.08.2009 in Application No.36/42/2005, which order was confirmed by the Gujarat Revenue Tribunal vide its order dated 25.01.2011 in Appeal Nos.7 and 9 of 2009, was rejected.

2. The learned Charity Commissioner permitted the sale of the Trust property in question by public auction by the Trust known as “Bai Pirojsha Maneklal Patel Singanporwala English High School for Girls Trust”, a Public Charitable Trust, which property was vested in Surat Parsi Panchayat, a Trust registered under the Bombay Public Trusts Act. The sale in question was made in favour of the Respondent No.4, Mr. R.D. Chaudhary, for a open bid sum of Rs.2.72 Crores, as against the Upset Price of Rs.1,02,11,033/-.

3. The present Appellants-Petitioners claimed to be the Agreement Holders under the Agreement to Sell allegedly executed in their favour by the Tenant of the land in question, an Agreement which is said to have been executed on 13.09.2000, for which the Appellants-Petitioners had also filed a Civil Suit for specific performance being Civil Suit No.299 of 2007, which was dismissed by the Civil Court on 23.02.2018. Another Suit for similar purpose was also filed being Civil Suit No.300 of 2007, which came to be dismissed under Order 7 Rule 11 of the Civil Procedure Code on 10.07.2019. Thus, these Agreement Holders, the Appellants- Petitioners, could not get a right crystallized in their favour under the said Agreement to Sell dated 13.09.2000; still, they sought to challenge the said sale in favour of the Respondent No.4, Mr. R.D. Chaudhary, which was repelled on the ground that the Trust was exempt from the rigors of the Gujarat Tenancy and Agricultural Lands Act, 1948.

4. The learned Single Judge, however, rejected the said challenge by dismissing both the petitions, namely, Special Civil Application No.7559 of 2011 filed by the Power of Attorney of one of the Tenants to support the present Appellants-Petitioners and also Special Civil Application No.3710 of 2011 filed by these Agreement Holders themselves with the following observations:-

“8. Having heard learned advocates for the respective parties and having gone through the material on record, this Court finds as under.

8.1 Special Civil Application No.7559 of 2011 is filed by one of the many tenants of the property in question, through a Power of Attorney holder, who had chosen not to offer any bid to buy the property in question, in the proceedings before the Charity Commissioner. He can not have any better right than a tenant over the property of a Trust. Though in this petition, the right of the tenant is not being adjudicated, with a view to see that what importance needs to be attached to the say of the said tenant, this Court has only prima facie examined his claim and it is found that his title over the property in question is less likely to the accepted by the concerned authorities, in view of the provisions of law in that regard. It is also indicated by the parties that the proceedings in that regard before the Revenue Authorities are already adjudicated against the tenants. While recording this, it is clarified that, this is only for the purpose of the present petition and the rights of the tenant are not being examined in this petition. Suffice it to hold that it is the said tenant, who is challenging the sale in question, and who had also opted out from bidding before the Charity Commissioner for the property in question, inspite of preferential treatment offered in his favour, as evident from the public advertisement which is on record. This petitioner therefore can not be granted any relief in his favour. Special Civil Application No.