Appeal by special leave from the judgment and order dated February 5114, 1963 of the Gujarat High Court in Civil Revision Application No.
6 are the trustees of a public trust, styled Shri Tricumraiji.
The Judgment of the Court was delivered by Shah, J. Respondents 1 to 4 and respondent No.
6 for payment to the mortgagee, claiming that in companysideration o the latter amount the mortgagee had agreed to give to them six months for payment of the mortgage amount, and had agree, in the meantime to abandon the application for execution.
The, trustees thereafter applied under 0.
In appeal against that order by the appellant, the District Court reversed the order holding that since the trustees bad failed to companyply with the requirements of r. 89 of 0.
21 r. 89 of the Code of Civil Procedure for setting aside the sale and deposited Rs.
250 out of the amount deposit, by the trustees be paid over to the appellant.
In March 1950 the trustees mortgaged a house belonging to the trust to one Saheba to secure repayment of Rs.
The trustees did number pay the instalments due under the decree, and in an application for execution by the mortgage the mortgaged property was put up for sale and the bid of the appellant was accepted for Rs.
5,000 by the executing Court.
21 Code of Civil Procedure, the executing Court had numberjurisdiction to set aside the sale.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
500 of 1965.
S. K. Sastri, S. P. Nayar for R. H. Dhebar, for respondent No.
Against that order, this appeal has been preferred with special leave.
5,000.
The Subordinate Judge passed an order disposing of the execution application and directed that Rs.
597 of 1961.
An action instituted by the mortgagee against the trustees to enforce the mortgage was companypromised, and it was decreed that the trustees do pay Rs.
250 being 5 of the purchase money for payment to the appellant and Rs.
1 to 3.
100 each and in default of three instalments the entire amount remaining unpaid shall become due and recoverable from the mortgagee property.
3,910 due under the mortgage by monthly instalments of Rs.
Section 36 of the Bombay Public Trusts Act reads as follows Notwithstanding anything companytained in the instrument of trust a numbersale, mortgage, exchange or gift of any immovable property, and b numberlease for a period exceeding ten years in the case of agricultural land or for a period exceeding three years in the case of number agricultural land or a building, belonging to a public trust, shall be valid without the previous sanction of the Charity Commissioner.
V. Goswami, for respondents Nos.
