JUDGMENT

RANGANATH MISRA, J. :— These two appeals by special leave assail the judgment. of the Gujarat High Court substantially affirming the appellate decision of the Charity Commissioner that the Pushti Margiya Moti Haveli at Junagad and thirty-eight items of its properties constitute a public trust under the Bombay Public Trusts Act, 1950.

2. The appellant is the widow of Maharajshri Purshottamlalji who admittedly was a lineal descendant of Shrimad Vallabhacharyaji, the founder of the Pushti Margi Sampradaya. Purshottamlalji passed away in 1955 and, after him, the appellant has been in charge of the management of the Haveli and its assets both moveable and immoveable. The Bombay Public Trusts Act, 1950, (hereinafter referred to as the Act) was extended to Saurashtra area of the Gujarat State in the year 1961. In October 1961, the appellant made an application to the Assistant Charity Commissioner at Rajkot under S. 18 of the Act contending that the Haveli and its properties did not-constitute a public trust. An inquiry followed to determine the character of the institution and the Assistant Charity Commissioner and the Charity Commissioner found that the institution was a public trust and all the forty items of property belonged to that trust. The High Court on appeal by the appellant has, however, recorded the following findings :

(1) Haveli Mandir at Junagad is a public trust within the meaning of section 2(13) read with section 2(17) of the Act.

(2) The moveable and immoveable properties appearing in the appendices A and B in the judgment of the Charity Commissioner excepting two items of immoveable property covered by Exhibits 265 and 268 belong to the trust. In the absence of any challenge against exclusion of the two items from the purview of the trust, the same are no more in dispute.

(3) The appellant is the trustee of the temple and its properties. Succession to trusteeship is by inheritance without the sanction of the State Government.

(4) Guruseva Bhet and Charanseva Bhet offered by the devotees of Vallabha cult form part of the public trust.

3. While recording these specific findings the High Court has affirmed the findings of the Charity Commissioner on all other issues.

4. Shrimad Vallabhacharyaji, the founder of Pushti Margi Sampradaya is usually referred to as Mahaprabhuji. The lineal descendants of Mahaprabhuji are known as Goswami Maharajshree. Goswami Madhavraiji, a direct lineal descendant of the founder of the cult was living at Chittal now in Amreli district of Gujarat. Some time in 1776 A.D., the Hindu Diwan Amarji of the Muslim Nawab of Junagad extended invitation to Madhavraiji to come to Junagad and he came there with his own deity. The Muslim Nawab was impressed by the attainments of Madhavraiji, made grants of property both for residence as also cultivation, and on the property gifted for residential purpose, Madhavraiji raised the Haveli. It houses the deity in the ground floor and in the first floor thereof Goswami Maharajshree and members of his family have been living generation after generation.

5. Indisputably, the devotees of the Sampradaya hold the Maharaj in great esteem and reverence and consider him as the living representative of the Lord.

6. Before the High Court long and detailed arguments appear to have been canvassed and on the basis thereof, the High Court formulated the following points for determination :

(i) Whether the Haveli Mandir of Madan Mohanlalji situated at Junagad is a public charitable trust within the meaning of S. 2(13) read with section 2(17) of the Act?

(ii) Whether the moveable and immoveable properties described in appendices A and B in the judgment of the Charity Commissioner belong to the said public trust?

(iii) What is the mode of succession to trusteeship of the trust?

(iv) What are the sources of income of the said trust?

7. The High Court went into the matter at great length, settled the tests to be applied for determining the character of the institution by carefully