Judgement

SEN, J. :- This appeal on certificate brought from the judgment and order of the High Court of Gujarat dated July 3, 1972 raises a question whether the High Court was justified in reversing the decision of the District Judge, Surendranagar dated March 19, 1964 and restoring the order of the Charity Commissioner, Ahmedabad, State of Gujarat dated February 1, 1962 upholding that of the Deputy Charity Commissioner, Ahmedabad holding that the two temples of Sri Dwarkadhishji and Sri Trikamrayji at Patadi were temples as defined in S. 2(17) of the Bombay Public Trust Act, 1950 and therefore they fell within the purview of the expression public trust within the meaning of S. 2(13) of the Act.

2. The facts giving rise to the appeal may be shortly stated. The appellant is a former ruler of the semi-jurisdiction State of Patadi, one of the 17 States which entered into a covenant for the formation of the United State of Kathiawad which on the reorganisation of the States became part of the former State of Bombay and now forms part of the State of Gujarat. The Bombay Public Trust Act, 1950 was extended to the Saurashtra region including the area that formed part of the erstwhile State