1. This appeal arises from an order passed by the learned District Judge of Poona dismissing Miscellaneous Application No. 325 of 1954 filed under Section 72 of the Bombay Public Trusts Act by the trustees of the Kesari Maratha Trust, and it raises an interesting question under the Bombay Public Trusts Act, namely, whether the Kesari Maratha Trust is a pub-lic trust under the Act

2. The circumstances under which the trustees of the Kesari Maratha Trust filed the above appli- cation under Section 72 of the Bombay Public Trusts Act are these: The two newspapers "Kesari and "Maratha" were started by Lokmanya Tilak in Poona. Lokmanya Tilak died in the year 1920. Be- fore his death he made a will on 5-4-1918, at Colombo making certain dispositions of his property. The only provisions of the will with which we are concerned in this appeal are those which occur under the caption "Chhapkhana" (printing press). The testator stated in this part of his will that a public trust had been created by him in respect of his "newspapers, office, press, foundry, library of the newspapers and the monies which had been depo sited as security." The testator also gave a direction that an amount