Similarly, Sri Trikamrayji Mandir is shown as the property of the deities and the appellant as a Vahivatdar.
The two temples were exempted from payment of municipal as well as other taxes including the land revenue presumably because they were public tem ples.
The appellant being dissatisfied carried an appeal to the Chari ty Commissioner who by his order dated February 1, 1962 upheld the finding reached by the Deputy Charity Commission er.
Aggrieved, the appellant made an application under s. 72 of the Act before the District Judge, Surendranagar for setting aside the order of the Charity Commissioner.
From the Judgment and Decree dated 5.11.1971 of the Gujarat High Court in First Appeal No.
Harish N. Salve, S.A. Shroff, S.S. Shardul and R. Sasi prabhu for the Appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Both these temples were companystructed in the years 1872 and 1875 respectively by the then ruler of Patadi and the companyt of companystruction was met from the Patadi State Treasury.
T. Desai and M.N. Shroff for the Respondent.
In Patadi, which was the seat of the former Ruler, there exist two temples known as Sri Dwarkadhishji Mandir or Haveli which is the main temple and adjacent to it there is the smaller temple known as Sri Trikamrayji Mandir.
The temples are situated on the main road in Patadi and do number form part of the Darbargadh or the palace wherein the ruler and the members of the royal family used to reside, although there exists a passage leading to the public road presumably meant for the use of the ladies of the royal family.
In the Gram Panchayat records Sri Dwarkadhishji Mandir or Haveli stands in the name of the deities and the appellant is merely shown as a Vahivatdar.
The appellant is a former ruler of the semi juris dictional State of Patadi, one of the 17 States which en tered into a companyenant for the formation of the United State of Kathiawad which on the reorganisation of the States became part of the former State of Bombay and number forms part of the State of Gujarat.
The Bombay Public Trusts Act, 1950 was extended to the Saurashtra region including the area that formed part of the erstwhile State of Patadi in the year 1952.
The facts giving rise to the appeal may be shortly stated.
2041 of 1972.
693 of 1964.
