DHARMADHIKARI J.- The appellant, Public Trust filed a suit for possession of certain agricultural lands situated at Uchagaon in taluka Karvir of Kolhapur District against the defendants on the ground of trespass by the defendants in the suit lands or in the alternative on the ground that they are tenants whose tenancy was duly terminated.

2. The suit lands i. e. Survey Nos. 140 and 141 initially belonged to Chatrapati of Kolhapur who created a trust called "Shri Chhatrapati Charitable Devasthan Trust" and the suit lands were donated to the said trust. The said trust was created in 18th of January 1956 and thereafter it was registered under the Bombay Public Trusts Act, 1950. The trust obtained a certificate under section 88B (2) of the Bombay Tenancy and Agricultural Lands Act, 1948. It is not necessary to make a reference to the other averments made in plaint because ultimately it appears from the judgment of the trial Court that the case of trespass was given up by the plaintiff and the suit proceeded on the basis that the predecessor of defendant No.4 Anant Mudhale was the only tenant of the suit lands and his tenancy was duly terminated. It appears from the record that