JUDGMENT

K.G. Balakrishnan, J.-Leave granted.

2. This appeal is directed against the order passed by the Bombay High Court in Writ Petition No. 2005 of 1988. The appellants herein unsuccessfully challenged an order passed by the Charity Commissioner, Bombay, under Section 36(1) of the Bombay Public Trusts Act, 1950.

3. Five philanthropic members of the Parsi community created a Trust, by name, "The Tithal Parsi Sanatorium Trust". They felt the necessity of having a Sanatorium at Tithal, a small coastal town in the South Western part of the State of Gujarat. They collected some money and in the year 1907 a committee was constituted to hold these funds and to carry out the objects of the Trust. Initially, they acquired two and half acres of land with some buildings on it. Thereafter, further donations were collected and with those funds they purchased some more properties. All these properties and assets were held by the members of the committee in trust and they made a declaration of Trust on 10.7.1911. Some Rules and Regulations were also made for the administration of the said Trust. These Rules contained a provision to appoint new Trustees by the surviving Trustees. The object of