Hon’ble B. Amit Sthalekar, J.—There is a Trust by the name of Sri Ganga Maharani Dharamshala Kunj Trust, Raj Ghat, Bulandshahr and the property in dispute, which is situated in Qasba Chandousi District Moradabad, is said to belong to this Trust which also runs the Dharmshala situated near the bank of river Ganga at Raj Ghat, District Bulandshahr. The trust is stated to be a Public Trust.

2. The petitioner is aggrieved by the orders dated 18.9.2008 and 2.10.1996, which have been put to challenge in the present writ petition.

3. The case of the petitioner is that one Sri Bhagwan Swaroop Mathur, father of respondent No. 1, claiming himself to be one of the trustees moved an application before the District Judge, Moradabad under Section 7 of the Charitable and Religious Trusts Act, 1920 (hereinafter referred to as the ‘Act, 1920’) seeking permission to transfer the land mentioned in the application in favour of one Sri Narendra Kumar Gupta, respondent No. 2. This application was registered as Misc. Case No. 12 of 1992, Bhagwan Swaroop Mathur v. Narendra Kumar Gupta.

4. In the application it was stated that the property in dispute was Trust property and as a trustee he was in need of money for the repair of the Dharmshala and in any case the land in question sought to be sold out was not serving any purpose. Its value was assessed at Rs. 1,25,000/- and Sri Narendra Kumar Gupta was ready to purchase the same for Rs. 1,60,000/-.

5. The District Judge issued notices on the application and on 9.8.1996 in pursuance of the direction of the Ist Additional District Judge a notice is stated to have been published in the daily news papers ‘Dainik Jagaran’ Bareilly Edition on 14.9.1996 in which date of 20.9.1996 was given.

6. The case of the petitioner further is that the newspaper publication dated 14.9.1996 mentions the next date as 20.9.1996 but it does not state as to what the application all about nor is the name of the Trust mentioned nor any property mentioned therein nor the purpose of publication indicated. It only mentions application for “permission”. The Ist Additional District Judge, Moradabad by the impugned order dated 2.10.1996 has allowed the application and permitted Sri Bhagwan Swaroop Mathur, the applicant, to dispose of the said property in favour of Sri Narendra Kumar Gupta and has further directed for filing a copy of the sale-deed within two months.

7. In pursuance of the Court’s order dated 2.10.1996 Sri Bhagwan Swaroop Mathur is stated to have executed two sale-deeds of the property in question on 30.11.1996. One sale-deed is for area measuring 132.44 sq.yards [mentioning East-79 feet, West-79 feet, North-15 feet 3 inch and South-14 feet 6 inch (110.72 sq. meter) boundaries]. The demarcation of the property has been mentioned in paragraph 10 of the writ petition, which is reproduced as under-

East- Property of trust and Sardar Ameer Singh.

West- Shop of trust which is being sold to Nirmal Gupta today.

North- Gher Babu Ram Jindal and

South- Public Road.

8. The second sale-deed was executed by Sri Bhagwan Swaroop Mathur in favour of Smt. Nirmal Gupta, respondent No. 3 even though there was no permission for the same from the District Judge. This sale-deed is for area measuring 132.30 sq.yards [mentioning East-79 feet, West-79 feet, North-23 feet 3 inch and South-6 feet 3 inch (110.62 sq.meter) boundaries]

9. The demarcation of the property has been mentioned in paragraph 10 of the writ petition, which is reproduced as under :

East- Property of Narendra Kumar Gupta.

West- Property of trust and Rani Ram Kali.

North- Gher Babu Ram Jindal and

South- Public Rasta.

10. The case of the petitioner further is that even assuming that the impugned order dated 2.10.1996 granted permission for sale in favour of Sri Narendra Kumar Gupta there is no such permission for sale in favour of Smt. Nirmal Gupta, respondent No. 3 and this sale-deed is for a consideration of Rs. 80,000/- It is submitted that the petitioner came to kno