JUDGMENT - 1. This is a plaintiffs first appeal against the judgment and decree dated August 5, 1961, passed by the District Judge at Kolhapur dismissing the plaintiffs suit under Section 50 of the Bombay trusts Act, 1950. The plaintiffs filed the suit on behalf of Shri Dev Chavata of Tambulwadi in Chandgaa Taluka for recovery of possession from defendant No. 1 of an agricultural land tearing survey No. 77-/2 admeasuring 26 gunthas, assessed at Rs. 3.48 np., relying on a decision of the Assistant Charity Commissioner dated November 5, 1954. A certified copy of the decision of the Assistant Charity Commissioner is at Ex. 86. The said decision was given by the Assistant Charity Commissioner under Section 79 of the Bombay Public Trusts Act on an application made by plaintiff No. 1 for a certificate to declare that the suit land was the Devasthan Inam land of Shri Dey Chavata. The certificate given by the Assistant Charity Commissioner is at Ex. 106.

2. Defendant No. 1 (respondent No. 1) admitted in his written statement that he had appeared before the Assistant Charity Commissioner and contended that the suit land was his private property but the Assistant Charity Commissioner declare

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