[Civil Appeal No. 2981 of 2016 arising out of S.L.P.(C) No.35188 of 2012]. These appeals are against a final judgment of the High Court of Judicature at Bombay dated 18th October, 2012 by which the Division Bench of the Bombay High Court dismissed the letters patent appeal being LPA No. 103 of 2012 in Writ Petition No. 11070 of 2011. We are concerned here with Trust property admeasuring 3343.53 sq.meters in the Girgaun area of Mumbai. Under the Bombay Public Trust Act, 1950, the Charity Commissioner's sanction has first to be obtained before the trust property can be sold and for reasons given under the statute. The present Trustees of the Late Rao Bahadur Anant Shivaji Desai Topiwalla Charity had resolved to sell the aforesaid property inasmuch as they found that it was largely tenanted and very meager rents were obtained. The protection afforded to the tenants under the Bombay Rent Act and the consequent rent that was being paid therefore, formed the necessity that was felt by the trustees to sell the aforesaid property.
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