Since common questions of law arise for consideration in these two first appeals, they are heard together and are being decided by this common judgment.

2. The appeals were admitted on the following substantial question of law. Whether a person appointed under the provisions of Section 41D(4) of the Bombay Public Trusts Act, 1950, could challenge his removal from the Body of Fit Persons, by filing an application under Section 41D(5) of the Bombay Public Trusts Act, 1950, before the .Court. ?

3. To answer the aforesaid substantial question of law, it is necessary to note few facts. The Ideal Education Society was registered as a public trust under the provisions of the Bombay Public Trusts Act (hereinafter referred to as .The Act. for the purpose of brevity) in the year 1963. An enquiry under Section 41D of the Act was initiated against the founder recorded trustees in the year 1981. The Joint Charity Commissioner decided the proceedings on 27.11.1989 and while removing the original trustees, appointed a Body of five Fit Persons to perform the functions of the Trust only until a trustee was duly appointed according to the provisions of the instrument of the trust. The