JUDGMENT

SEN, J. :— This appeal on certificate from the judgment and decree of the Karnataka High Court dated April, 5, 1971 raises a question of general public importance. The question is whether two or more trustees of a registered public trust can, with the permission in writing of the Charity Commissioner as provided for in S. 51 of the Act, bring a Suit for declaration that certain property belongs to the public trust and for possession of the same from a person holding it adversely to the trust under .S. 50(ii) of the Bombay Public Trusts Act, 1950. That depends on whether the words person having interest in the trust occurring in S. 2(10) and S. 50 of the Act do or do not include the trustees of a registered public trust. If they do not, two or more trustees cannot file a suit as contemplated by S. 50(ii) of the Act. There had been a divergence of opinion in the High Court as to the precise meaning of the words persons having interest in the trust in, S. 2(10) and S. 50 of the Act and as conflicting views had been expressed by different Benches from time to time, the matter was referred to a Full Bench. The correctness of the view taken by the Full Bench is in question in th