Arvind V. Savant, J.:---Heard all the learned Counsel; Shri R. S. Apte for the heirs of Appellant No. 1, Shri A. A. Kumbhakoni for the heirs of original respondent No. 1. Shri K.K. Tated, Assistant Government Pleader for Charity Commissioner, and State of Maharashtra, Respondents Nos. 2 and 3.

2. This appeal of 1979 has been placed before us pursuant to the order passed by the learned Chief Justice on a reference made by a learned Single Judge on 17th August 1994 for deciding the following three questions:

(1) Whether an appeal filed under section 72(4) of Bombay Public Trusts Act, 1950 is subject to restrictions and limitations imposed on a "Second Appeal" as prescribed under section 100 of the Code of Civil Procedure? Whether an appeal under section 72(4) of the Act is maintainable even on questions of fact, mixed questions of fact and law or mere question of law?

(2) Whether the trust known as Gangubai's Shri Datta Trust, situate at Solapur created under the Deed of Trust dated 13th November 1941 is a public trust or is a private trust and whether the properties of the said trust including the income thereof are liable to be considered as income of public religious or char