JUDGMENT- P.S. PATANKAR, J.:---There is one religious trust by name `Bhairav-Dev situate at village Gulumb, Taluka Wai, District Satara. The appellants are the beneficiaries thereof. The respondents 1 to 5, and 10 to 12 are the original trustees of the said trust. The said trust is registered under the Bombay Public Trusts Act, 1950 (hereinafter referred to as `the Trust Act). The trustees i.e. respondents 1 to 5 sold three survey numbers admeasuring about 81/2 acres to respondents 6 to 9. The said sales came to be challenged on behalf of the appellants. The appellants sought consent under section 51 of the Trust Act and the Charity Commissioner granted the same on 24-1-1969. The appellants therefore filed the suit in the District Court at Satara inter alia praying that the properties which were sold to respondents 6 to 9 be recovered and the sales which are effected in their favour be declared as invalid.

2. The respondent No. 4 died on 4-7-1973. He was a hereditary trustee. A change report was submitted by the other trustees recommending the name of respondent No. 14 who was the son of respondent No. 4. On 12-10-1973, the Charity Commissioner granted recognition to respondent No.

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