Judgment

AYYANGAR, J. : (Majority judgment: Sinha C.J.I., Ayyangar, Mudholkar and Venkatarama Aiyar, JJ.) This is an appeal on a certificate of fitness granted by the High Court of Bombay under Art, 133 (1)(b) and (c) of the Constitution, and the question raised for consideration is whether the "Kesari and Mahratta Trust" of which the appellants are the Trustees was or was not a "public Trust" within the meaning of the Bombay Public Trusts Act (Act XXIX of 1950) which it will be convenient to refer to as the Act.

2. The Act which by its long title was enacted "to regulate and to make better provision for the administration of public, religious and charitable Trusts in the State of Bombay" came into force on August 14, 1950. Section 18 of the Act enacted:

"18, (1) It shall be the duty of the trustee of a public trust to which this Act has been applied to make an application for the registration of the public trust.

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Section 66 of the Act provides penalties according to a table appended do it for contravention of the several sections set out in it and among the sections so included is S. 18(1). In this state of affairs the trustees of