JUDGMENT - S.C. PRATAP, J.:---This appeal by Jagatnarayansingh Swarupsingh and others directed against the judgment and order dated 21st September 1977 by the learned District Judge, Amravati in application preferred by the Swarupsingh Education Society, Pathrot by its President and Manager Smt. Meenabai Amarsingh Chithore, under section 72 of the Bombay Public Trusts Act raises inter alia, a question of some importance to all public trusts viz. :

In inquiry under section 22 of the Bombay Public Trusts Act related only to the factum of change under consideration or also to is legality and validity ?

2. Facts and circumstances, briefly stated, are as follows :---

Respondent No. 1 Swarupsingh Education Society is a public trust. General Body Meeting thereof was held on 24th February, 1974, inter alia, to elect a new Managing Committee. A new committee was accordingly elected. On 22nd April, 1974 the society sent a change report in that behalf under section 22 of the Bombay Public Trusts Act (hereinafter the Act) to the Assistant Charity Commissioner, Akola. This was registered and accepted on the name day 22nd April, 1974 without any notice, either public or individual, and without an

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