134 was number the property of the Trust and that the appellant was a hereditary Trustee.
The said appeal and cross objections were heard together and the High Court by its judgment dated November 19, 1958 companyfirmed the finding of the District Judge about the public nature of the trust and further held that the District Judge should have decided whether Survey plot No.
The application was opposed by respondents Nos.
With regard to ownership of Survey plot No.
of 1960 was filed by respondents Nos.
Accordingly the District Judge reheard the matter and by judgment dated February 29, 1960 held, in the first place, that Survey plot No.
Both the appeals were heard together by the High Court.
501 of 1955.
Appeal from the judgment and decree dated March 8, 1963 of the Bombay High Court in First Appeal Nos.
66 of 1953.
R. Gokhale, W. P. Oka, S. W. Oka and Ganpat Rai, for the appellant.
Danial Latifi and Hardev Singh, for respondents Nos.
By his judgment dated April 26, 1955 the District Judge, Thana held that the Dargah was a public trust but he left the questions as to whetherSurvey plot No.
1 to 4 who had intervened during the proceedings before the Deputy Charity Commissioner and by the Charity Commissioner, respondent No.
Against the judgment of the District Judge two appeals were filed in the High Court.
The appeal was registered as Appeal No.
422 of 1960 was filed by the Charity Commissioner, respondent No.
On August 3, 1953 the Deputy Charity Commissioner made an order declaring that the Dargah was a public trust and directed its registration as such.
338 and 422 of 1960.
Under orders of the Government the appeal was heard by the Deputy Charity Commissioner, Ahmedabad invested for that purpose with the powers of the Charity Commissioner.
Region under s. 18 of the Bombay Public Trusts Act Bombay Act XXIX of 1950 , hereinafter referred to as the Act for registration of the Peer Haji Malang Dargah near Kalyan in the Thana District hereinafter referred to as the Dargah without prejudice to his companytention that the Dargah was number a public trust to which the Act was applicable.
By his order dated September 11, 1954, the said Deputy Commissioner with appellate powers dismissed the appeal.
The respondent companytended that the Dargah was a public trust and the land bearing Survey No.
134 of village Wadi was number the property of the Public Trust Peer Haji Malang Saheb Dargah and that the appellant was the hereditary trustee of the Trust, his family being its hereditary trustee.
5 who was also impleaded by the appellant in that application.
The High Court companyfirmed, in the first place, the finding of the District Judge that the management of the Dargah has been in the family of the appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Against the order of the District fudge the Charity Commissioner filed an appeal in the High Court, being Appeal No.
134 was the property of the Dargah or number and whether the appellant was a trustee or a Manager of the trust.
134 of village Wadi on a portion of which the Dargah is located.
Manager of the Dargah, open for decision in the suit which had been filed by the Charity Commissioner.
3 and 4 and First Appeal No.
On or about April 15, 1952 the appellant made an application to the Deputy Charity Commissioner, Greater Bombay.
By its judgment dated March 8, 1968, the High Court allowed both the appeals.
The Deputy Charity Commissioner further held that among the properties of the Dargah was the land bearingSurvey No.
S. K. Sastri and R. H. Dhebar, for respondent No.
3 and 4.
134 belonged to the Dargah or number and whether the appellant was a trustee or only a de facto.
134 on which the Dargah is situated, the High Court held that the appellant was number the owner of that plot but that it was the property of the Dargah.
The case was therefore remanded back to the District Judge for deciding these questions.
First Appeal No.
338 of 1960 and 422 of 1960.
The appellant preferred an appeal to the Charity Commissioner, Bombay under s. 70 of the Act against the order of the Deputy Charity Commissioner.
954 of 1965.
The Deputy Charity Commissioner alsodirected that the appropriate companyrt might be moved for framing a scheme and appointing Trustees.
The Judgment of the Court was delivered by Ramaswami J. This appeal is brought, by certificate, from the judgment of the, Bombay High Court dated March 8, 1963 in First Appeals Nos.
134 belonged to the Trust and the appellant was number a Trustee of the Dargah.
The appellant also filed his cross objections.
Feeling aggrieved, the appellant filed an application under s. 72 of the Act in the Court of the District Judge, Thana to set aside the order of the Deputy Charity Commissioner with appellate powers, companytending that the Dargah was number a public trust, that Survey No.
