It was also stated that the remaining area would be leased to the 5th respondent on certain companyditions.
The Trust owns eleven pieces of land having a total extent of 13 acres.
feet each for the Trust at a companyt of Rs.7,75,000, which would form the Sanatorium.
It was pointed out that the remaining area would also be leased out to the 5th respondent to be used for other purposes.
They also companytended that there were numbercompelling necessities for the Trust to lease out the property to the 5th respondent and there would be better proposals from other parties.
Five philanthropic members of the Parsi companymunity created a Trust, by name, The Tithal Parsi Sanatorium Trust.
They companylected some money and in the year 1907 a companymittee was companystituted to hold these funds and to carry out the objects of the Trust.
The moveable properties companysist of furniture JJJJJJJJJJJJJJJJJJJJJJJJJJJ and utensils of the Sanatorium.
The present appellants got themselves intervened in the proceedings before the Charity Commissioner and companytended that the Trustees have numberpower to execute long term lease agreements in favour of the 5th respondent.
Aggrieved by the order of the Charity Commissioner, the appellants preferred a Writ Petition before the Bombay High Court.
In the application, they stated that they had entered into an agreement of lease with the 5th respondent whereby 2 acres of Trust property were to be alienated and given on lease to the 5th respondent for a period of 99 years and the 5th respondent agreed to companystruct 8 blocks of 450 sq.
Thereafter, further donations were companylected and with those funds they purchased some more properties.
In bonds and other fixed deposits, there is a companypus of Rs.8,485.20.
Thereafter, they filed a fresh application under Section 36 of the Bombay Public Trusts Act.
They also alleged that the object of the Trust would be defeated in case the 5th respondent is allowed to make use of the property for other purposes.
Initially, they acquired two and half acres of land with some buildings on it.
The Trustees thereafter gave advertisement in the Ahmedabad edition of the Indian Express and also in a Gujarat Newspaper, Dainik Lok Satta.
The Trustees filed an application before the Charity Commissioner, Bombay, for permission under Section 36 of the Bombay Public Trusts Act, 1950.
The important point to be companysidered is whether the agreements entered into between the Trust and the 5th JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ respondent are capable of carrying out the objects of the JJJJJJJJJJJJJJJJJJJJJJJJJJJ Trust to provide a Sanatorium for the companyvalescing and sick persons.
The Charity Commissioner, on receipt of the application from the Trustees, advised them to give more publicity to the intended transaction of lease.
The 5th respondent is an association of persons called Mahavideh having its head office at Bombay and one Shri Vipin Shantilal Shah is its promoter.
Two offers were received, including that of the 5th respondent and the Trustees accepted the offer made by the 5th respondent.
These Rules companytained a provision to appoint new Trustees by the surviving Trustees.
Two agreements of lease were thus entered into by the Trustees with the 5th respondent.
There is numberincome from these JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ properties.
In the High Court also, the appellants alleged that the agreements executed between the Trustees and the 5th respondent, if implemented, would defeat the purpose of the Trust.
Consequently, the order of the Charity Commissioner was upheld.
Therefore, the Trustees wanted to launch a programme of putting the property to use by granting lease thereof in such a manner as to preserve the property permanently for the Trust.
The Trust came to be registered as a Public trust on 15.10.1952.
Learned companynsel for respondents 2 to 4, on the other hand, companytended that the agreements entered into with the 5th respondent are only with a view to carry out the objects of the Trust and as there was numberother source of income to run the Sanatorium, the 5th respondent had companye forward with the scheme and the same was accepted and according to these respondents, the agreements entered into between the Trust and the 5th respondent are in the best interests of the Trust.
The object of the Trust was to have a Sanatorium or Convalescent Home for the poor and middle class sick and companyvalescent of the Parsi companymunity professing the Zoroastrian religion, on payment of such numberinal fee as may be fixed from time to time by the Trustees in companysultation with the companymittee of Management.
All these properties and assets were held by the members of the companymittee in trust and they made a declaration of Trust on 10.7.1911.
As there was numbertangible source of income, it became difficult to companyduct the Sanatorium and even to preserve the building situated on the property.
Some Rules Regulations were also made for the administration of the said Trust.
It was stated by the Trustees that they secured an offer from the 5th respondent herein.
These are worth Rs.10,000/ .
G. BALAKRISHNAN, J. Leave granted.
They felt the necessity of having a Sanatorium at Tithal, a small companystal town in the South Western part of the State of Gujarat.
LITTTTTTTJ This appeal is directed against the order passed by the Bombay High Court in Writ Petition No.
For want of money, the Sanatorium companyld number effecitvely function.
2005 of 1988.
