JUDGMENT - Patel, J.

1. First Appeal No. 56 of 1967 arises out of an order made by the learned District Judge at Kolhapur setting aside the order made by the Joint Charity Commissioner in a revisional application. The genesis of this dispute may be very shortly stated. In Kolhapur city there is a Darga of one Hajrat Pir Babu Jamal. There are two families interested in this Darga, one is the family of Mutawallis and the other of Mujawars. The appellant and respondent No. 1 are the sons of one Haidar Babaji, who died in 1926. He was the Mujawar and had eight annas share in the emoluments. He made a will by which he directed his sons i.e the appellant and respondent No. 1 to do the management of their shares by turns in certain manner. Respondent No. 1 is the elder son and the appellant is the younger son of the said Haidar. After the death of Haidar, the management was done in accordance with the terms of the Will. In fact, the appellant managed the entire property of the Darga and sent respondent No. 1, who was staying outside, moneys from time to time pertaining to his share. It is alleged that according tot the custom of the management of this Darga the managers appropriate what re

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