TRIBHUVANDAS PURSHOTTAMDAS THAKUR vs RATILAL MOTILAL PATEL

The Supreme Court held that the term 'Sale' under Section 36(a) of the Bombay Public Trusts Act does not include a court sale in execution of a decree, as it pertains only to voluntary transactions by trustees. The Court ruled that a suit to enforce a mortgage decree against property of a public trust does not involve a question affecting public religious or charitable purposes under Section 56B, thus no notice to the Charity Commissioner is required. The Court restored the District Court's order, emphasizing that merely depositing five percent of the purchase money does not satisfy the conditions of Order 21, Rule 89 of the Code of Civil Procedure for setting aside a court sale.