JUDGMENT :- The order passed by the Extra Joint Judge, Pune on 6th October 1976 in Miscellaneous Application No. 131 of 1973, rejecting the application under Section 70A of the Bombay Public Trusts Act, has been challenged in this appeal.

2. Facts giving rise to this litigation may be briefly stated as follows :

3. Surveys Nos. 225A, 225B and 225C (persent Surveys Nos. 429A, 429B and 429C), admeasuring about 11/2 acres situated at the City of Pune was previously an Inam land. It was given to one Makbulsaheb who happened to be the ancestor of the applicants. This Mukbulsaheb was a Mohamedan Saint. After his death, his tomb was constructed on this property. A mosque is also standing on that property. The mosque, however, got damaged in the riots of 1965 but-a part of the mosque remains. The ancestors of the applicants were in occupation of the land for a pretty long time. A portion of this land was given on lease to one Abdul Hussain Hasanali Bohori for the period of 99 years on the annual rent of Rs. 31.50 on 24-1-1923. Some land was given on lease to the Pune Municipality. On or about 1932, some members of the so-called Misgar Jamat Trust filed a suit against the ancestors of the app

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