The decision of the Assistant Charity Commissioner under Section 79 of the Bombay Public Trusts Act is final and conclusive, and the Indian Limitation Act is not applicable to suits under Section 50 of the Act.

Headnote:
Bombay Public Trusts Act - Recovery of Possession - Section 50 - Section 79, Section 80, Section 75, Section 52-A, Indian Limitation Act - Summary: The court addressed the plaintiff's suit for recovery of possession under Section 50 of the Bombay Public Trusts Act, 1950. The decision of the Assistant Charity Commissioner declaring the suit land as Devasthan Inam land was held to be final and conclusive. The court found that the suit was not barred by limitation as the Indian Limitation Act was not applicable to suits under Section 50 of the Bombay Public Trusts Act. The court allowed the appeal and granted the relief prayed for by the plaintiffs for recovery of possession of the suit property.
Fact of the Case:

The plaintiff filed a suit for recovery of possession of an agricultural land based on a decision of the Assistant Charity Commissioner declaring the suit land as Devasthan Inam land. The defendant resisted the suit on the ground of adverse possession.
Finding of the Court:

The court held that the decision of the Assistant Charity Commissioner was final and conclusive, and the suit was not barred by limitation under the Indian Limitation Act.
Issues: The main issue was whether the suit was barred by limitation and whether the decision of the Assistant Charity Commissioner was binding.
Ratio Decidendi: The court found that the decision of the Assistant Charity Commissioner was final and conclusive, and the Indian Limitation Act was not applicable to suits under Section 50 of the Bombay Public Trusts Act.
Final Decision: The court allowed the appeal, granted the relief for recovery of possession, and ordered the defendant to deliver possession of the suit land to the plaintiff.

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 declared that the suit land was the Devasthan Inam land of Shri Dev Chavata. The second defendant the Charity Commissioner, supported the plaintiffs claim. But defendant No. 1 resisted the suit on the ground that he and his ancestors were in possession of the suit land for more than 60 years as owners adversely to the deity, and hence the suit was barred by limitation. The learned Judge upheld this contention and dismissed the suit, though he found the title of the Deity to the suit land established.

3. The learned Judge, in my opinion, was quite right in holding that the decision of the Assistant Charity Commissioner that the suit land belonged to the deity was final and conclusive under Section 79 of the Bombay Public Trusts Act, 1950. That decision was given after hearing the objections of defendant No. 1 and under Section 79 read with Section 80, the Assistant Charity Commissioner had exclusive jurisdiction to decide the question as to whether the suit land belonged to the deity. The decision is binding on respondent No. 1 and cannot be challenged by him before me in this appeal,

4. The only question, therefore, which arises in this appeal is as to whether the learned District Judge was right in holding that the suit was barred by limitation. He has not cared to record under what Article of the Limitation Act the suit was barred. But from what he has found ultimately after the discussion of facts, it appears that he applied the provisions of Article 142 of the Limitation Act, 1908, to the suit and found that since the plaintiffs failed to prove their possession of the suit land within 12 years before suit, the suit was barred.

5. In my judgment, there is nothing in the Bombay Public Trusts Act, 1950, which is a special local Act, which makes the provisions of the Indian Limitation Act, 1908, or of the Limitation Act of 1963 applicable to a suit under Section 50 of the Bombay Public Trusts Act The suit under Section 50 is a Special remedy before a special forum under the Act. The present suit haying been filed on July 21, 1955, the question which will have to be considered is as to whether the Indian Limitation Act, 1908, will apply to it Section 75 of the Bombay Public Trusts Act applies certain provisions of the Indian limitation Act only to the filing of appeals and applications.

6. The Indian Limitation Act, which is the general law of the land relating to limitation, is applicable in the circumstances mentioned in Section 29 of that Act in the case of suits and proceedings under Special or Local Law. Now, Section 29(2) comes into operation when a Special or Local Law prescribes for any suit a period of limitation. See Vidyacharan Shukla v. Khubchand Baghel. AIR 1964 SC 1099 and Shankar v. Chunilal (1958) 60 Bom LR 901. However, there is nothing in Sect

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