JUDGMENT - ASHOK AGARWAL, J.:---A short question that falls for consideration in this appeal is the nature and scope of the present appeal which is styled as a First Appeal filed under section 72(4) of the Bombay Public Trusts Act, 1950 (in short, "the Act").

2. A few facts giving rise to the present appeal may be enumerated : The property in dispute is the Ambabai temple also known as Jagadamba temple, situate in House No. 489, City Survey No. 4281, Shukrawar Peth, Sholapur. This temple was originally managed by one Nilabai who claimed to be its owner. She also owned shops around the temple. In the year 1861 she executed a sale-deed (Ex. 75) in respect of the property bearing House No. 489 except the temple which is the subject matter of dispute in the preset proceedings. In 1875 the said Nilabai executed an agreement (Ex. 76) in favour of Ramchander S/o Anandapa whereunder she appointed him as a Pujari giving him the hereditory right of worship. The appellants were the original opponents in the application filed by the respondents No. 2 under section 19 of the Act, for registering the said temple as a public trust property. The appellants who claim to be the successors of Ramchand

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