VAIDYA J.:- It is rather unfortunate that the above First Appeal arising from Civil Suit No. 39 of 1953, cannot be disposed of, in the facts and circumstances of the case, so as to put an end to the litigation which was actually started in 1946 relating to the management of the Public Trust known as "Haji Malang Bawa Darga" situated on a hill Taluka Kalyan of Thane District.

2. This litigation started between the respondent Gopal Krishnaji Ketkar on the one side and Mahomed Jaffar Mohomed Hussein and another on the other side in the course of which Ketkar claimed the sole right to manage the Dargah. It is the Dargah of a 13th Century legendary and renowned Arab Pir or saint. It is worshipped along with another tomb of a Hindu princess whom the said Pir is said to have treated as his daughter.

3. The litigation ended its first course with the judgment of the Supreme Court in Gopal Krishnaji Ketkar v. Mahomed Jaffer AIR 1954 SC 5.

4. The Supreme Court laid down in paragraph (31) of its judgment at page 8 as follows:-

"It is evident from the case of both sides that the Darga is not private property. It was in existence some 700 years before the plaintiffs' ancestors came on the s