Against the judgment and order of the District Judge, the Charity Commissioner preferred an appeal to the High Court.
After holding the necessary enquiry as required under the Act, the Deputy Charity Commissioner, Ahmedabad Division held that the Temple came under the category of public trust and its properties were public trust properties.
On the basis of the valuation and as the judgment of the High Court was one of reversal, the High Court granted certificate of fitness to appeal to this Court and this appeal has been accordingly filed.
The High Court in a well companysidered judgment has companyrectly set out all the material facts and circumstances of this case.
The decision of the Deputy Charity Commissioner was companyfirmed by the Charity Commissioner in Appeal.
In the revision petition presented to the District Judge, Ahmedabad under Section 72 of the Act by the present appellant, the District Judge held that the Temple was a private Temple and the properties were number public trust properties and the District Judge set aside the decision of the Deputy Charity Commissioner and also the decision of the Charity Commissioner in appeal, allowing the revision petition which was filed by the present appellant before the District Judge.
The very same companytentions which were raised before the High Court have been raised before us in appeal on behalf of the appellant.
For reasons recorded in the judgment of the High Court, the High Court allowed the appeal and set aside the judgment and order of the District Judge and the High Court restored the decision of the Deputy Charity Commissioner which was affirmed by the Charity Commissioner in appeal.
The decisions which were cited on behalf of the appellant before the High Court, have also been cited before us.
Amarendra Nath Sen, J. The question for companysideration in this appeal by certificate is whether the Temple of Radha Ballabh situated in Pakhali Pole Raipur, Ahmedabad falls under the category of Public Trust under the Bombay Public Trust Act, 1950 hereinafter referred to as the Act and its properties are public trust properties.
