ABC Charitable Trust was original owner of a land in Mumbai. Trust’s name still appears in 6/12 and 7/12 extracts. Mr. X was holding physical possession of the Land since 1972 and therefore claiming ownership under law of adverse possession. In 2007 Trust tried to sell the Land through Auction, subject to approval of Charity Commissioner. Mr. X filed Suit in HC against Trust and obtained Order to maintain SATUS QUO. Trust cancelled Auction. Suit is pending in HC.
Now, if Trust settles dispute of title with Mr. X and both files Consent Terms in HC for execution of Sale / Conveyance Deed by Trust in favor of M. X against valuable consideration, and if HC approves the Consent Terms Suit is withdrawn by Mr. X, will it still be necessary for Trust / Mr. X to obtain permission from Charity Commissioner for such Sale / Purchase transaction?
