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50 A learned Single Judge of the Bombay High Court in the case of Chandrabhan Chunnilal Gour vs. Dr. Shrawan Kumar Khunnolal Gour reported in AIR 1980 Bombay 48 had the occasion to consider almost an identical issue. The subject­matter before the learned Single Judge was Section 36 of the Bombay Public Trust Act (29 of 1950). In the said case, before the Bombay High Court, the property was transferred without prior permission of the Charity Commissioner. The Trial Court took the view that the transaction was not void as the plaintiff had obtained ex­post facto sanction from the Charity Commissioner. It was argued before the learned Single Judge that what was contemplated by Section 36 is a previous sanction and not an ex­ post facto sanction. It was argued that on a true construction of Section 36 of the Act, if the previous sanction from the Charity Commissioner is not obtained by a public trust for sale of property belonging to it, the transaction would be invalid and void and of no legal effect. The learned Single Judge, while upholding the contention that ex­post facto sanction would not validate and otherwise, invalid and void transaction, observed as under: