JUDGMENT - B.G. DEO, J.:---This revision is directed against the rejection of the preliminary objection made by order dated 13-4-1987 by the learned Civil Judge, Junior Division, Chikhli, in Regular Civil Suit No. 60 of 1987. The preliminary objection to the tenability of the suit made by application (Exhibit 19) by the applicants was on the ground that since it appears that the plaintiffs are trustees of a Registered Public Trust `Wakratund Maharaji Kavishwar Smarak' and have claimed possession of a portion of Survey No. 53/2 on the ground that the defendants have encroached upon the same, it is exclusively within the jurisdiction of the authorities contemplated under the Bombay Public Trusts Act, 1950 (hereinafter referred to as the Act) as to whether any property belongs to Public Trust or not under section 79(1) of the Act and that, therefore, the suit should be dismissed.

2. It appears that while arguing before the learned Civil Judge, Junior Division, Chikhli, it was contended by the applicants that since no permission of the Charity Commissioner, as provided under section 50 of the Act, was obtained for filing such a suit, the suit was not tenable. The learned Civil Judge cam

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