JUDGMENT

K. RAMASWAMY, J.:- This appeal, by leave under Art, 133, granted by the High Court, arises from the Division Bench judgment of the Gujarat High Court in First Appeal No. 417/64 dated August 25/29, 1972 reversing the decision of the District Judge, Panchmahal in O.M.C.A. No. 19/1961. Near the town of Champaner in Halol Taluka of Panchmahal District, there is a hill called Pavagadh Hill. On its top Kalika Mataji, Bhadrakali Mataji, Annapurna Mataji and Budhia Darwajani Budhia Mataji temples are situated. Another temple by name Ranchhodji along with the Haveli is also situated in the main village which are the subject matters of these proceedings. The High Court held that Kalika Mataji temple is a public trust and a public temple within the meaning of S. 2(13) read with S.2(17) of the Bombay Public Trust Act, 1950 ( for short the Act) and set aside the contra declaration of the District Judge. The Assistant Charity Commissioner was directed to conduct de novo injury in regard to other temples, finding that the joint enquiry held by the Assistant Charity Commissioner has led to "prejudicial and lopsided results."

2. The facts for our decision are as under:

The appellants predece