JUDGMENT

P. K. GOSWAMI, J.:— The question that arises in this appeal by special leave is whether Shri. Vithal Rukhamai Sansthan at Amalner (East Khandesh) was a private Devasthan or a public religious trust.

2. There was a saint endowed with spiritual powers by the name of Sakharam Maharaj at Amalner. The deity of his worship was Shri. Vithal Rukhamai. Although the origin of the Sansthan is dipped somewhat in antiquity and direct testimony was lacking, it has never been disputed that Sakharam Maharaj constructed a temple in the year 1817 at Amalner and installed the aforesaid deity according to religious rites. He also acquired certain properties and the said temple with the properties constituted Shri. Vithal Rukhamai Sansthan of Amalner. The sansthan had movable property of the value of Rs. 19,164 and immovable properties of the value of Rs. 1,06,000 and the average gross annual income as well as the average annual expenditure was Rs. 11,000.

3. After the passing of the Bombay Public Trusts Act, 1950 (No. 29 of 1950) (briefly the Act) an application under Section 18 of that Act was filed by three persons Bhaskarrao Chimanrao Deshmukh, Ramrao Sahebrao Deshmukh and Ramkrishna Tryamba