HAMIDKHAN vs ASHABI .

The Supreme Court ruled that under Section 36 of the Bombay Public Trust Act, permission from the Charity Commissioner is mandatory for the sale of trust property. The Court held 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 the plaintiff's right to purchase the property. The Court ordered specific performance of the agreement in favor of the plaintiff, thereby canceling the sale to Defendant No. 2.