Hamidkhan vs Ashabi & Ors

The Supreme Court held that under Section 36 of the Bombay Public Trust Act, permission from the Charity Commissioner is essential for the sale of trust property. The Court ruled that the agreement dated 26.02.1980 between the plaintiff and Defendant No. 1 was valid, and the subsequent sale to Defendant No. 2 was not binding on the plaintiff as it violated her rights under the earlier agreement. The Court ordered specific performance of the contract in favor of the plaintiff, thereby cancelling the deed of sale executed in favor of Defendant No. 2.