JUDGMENT - B.N. SAPRE, J.:---The main question that falls for our consideration in these two Letters Patent Appeals is whether the temple of Siddhi Vinayak situated at Old Prabhadevi Road, Dadar, Bombay, is a private temple or it is a public temple and, therefore, a public trust under the Bombay Public Trusts Act, 1950, hereinafter referred to as "the Act".

On an application of the Official Trustee, the Assistant Charity Commissioner of Bombay registered the temple as a public trust on 26th September, 1955. Deojee Kashinath Patil, the father of the present appellant Dattaram Deojee Patil, since deceased, preferred an application under section 70-A of the Act to the Charity Commissioner to revise the order of the Assistant Charity Commissioner. The Charity Commissioner, by his order dated 17th June, 1965, set aside the order of the Assistant Charity Commissioner and held that the temple does not constitute a public trust. Against that decision, the official Trustee preferred an application under section 72 of the Act in the City Civil Court at Bombay. That was Charity Application No. 16 of 1965. To this application, three individual persons joined the Official Trustee. Another similar application, being Charity Application No. 26 of 1965, was filed by two to other individuals persons, being aggrieved by the order of the Charity Commissioner. Both these applications were disposed of by a common judgment delivered by the learned Judge of the City Civil Court, Bombay on 26th January, 1973. The learned Judge reversed the finding of the Charity Commissioner and held that the temple is not a private temple but is a public temple and, therefore, a public trust under the Act. It appears that Deojee Kashinath Patil died after the above decision. The present appellant Dattaram, therefore, filed two first appeals, being First Appeals Nos. 272 of 1973 and 273 of 1973, in respect to two Charity Applications. Those first appeals were summarily dismissed by a Single Judge of this Court. Hence these Letters Patent Appeals.

The temple of Siddhi Vinayak situate at Old Prabhadevi Road, Dadar, Bombay, though at one time obscure, seems to have come into prominence in recent years. At present it attracts a large number of devotees, specially on particulars days, such as Chaturthi. We are told at the Bar that now a large number of devotees go to the temple to have Darshan every day. There are long queues of devotees waiting for Darshan and it takes about two to three or more hours for a devotee to have a Darshan. Prior to 1870, one Sunder Laxman Patil was managing the temple and its property. There is no direct evidence as to when exactly this temple was founded and as to who was the manager looking after the temple and its property prior to Sunder Laxman Patil. It appears that Sunder was managing the temple for about 15 to 20 years prior to 1870 in which year he died. He was survived by three son, Manek, Janoo and Tukaram. Tukaram died in 1895 and Manek in 1900. Kashinath was the son of Manek and he died in 1940. Deojee was the son of Kashinath and the present appellant Dattaram is the son of Deojee. Janoo died in the year 1928. His wife Jiwoobai survived him and she died in the year 1943.

After the death of Janoo, disputes arose between Jiwoobai and Kashinath regarding the management of the temple. This led to the filing of Suit No. 217 of 1932 by Kashinath in the High Court of Bombay. In those proceedings, Jiwoobai was shown as defendant No. 1 and Deojee as defendant No. 5. In the plaint filed by Kashinath, it was mentioned that Sunder Laxman died in or about the year 1870 and he was for several years the Manager and Trustee of the property which was dedicated to God Ganpati. It was further mentioned that the said property consisted of a temple and the adjoining Chawl yielding rent and a Dharmashala and a tank known as Nardulla tank which were all situate in the same compound. It was further stated that the trust had been managed and looked a

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