D.Y. Chandrachud, J.

The genesis of the dispute:

1. The Appellants, who are members of the Parsi Zoroastrian community residing in Mumbai moved the Court in an Originating Summons for the determination of questions relating to the powers/authority of the trustees of the Parsi Panchayat's funds and properties; the rights of the beneficiaries under a Deed of Trust of 1884; and for the proper administration of the Trust. The cause for instituting the proceedings is a ban imposed by the present trustees on two Parsi Zoroastrian Priests, Mr.Framroze Mirza and Mr.Khushroo Madon, from performing prayers or religious ceremonies at Doongerwadi (the Towers of Silence) and at two Agiaries (Fire Temples) which are vested in the Trust. The Agiaries in question are the Godavara Agiary at Fort and the S.F Jokhi Agiary at Godrej Baug, Malabar Hill, Mumbai. The ban has been imposed on the two priests, as a result of certain ceremonies conducted by them, which according to the trustees, are “irreligious”, these being (i) praying for the dead who were cremated; (ii) performing Navjote ceremonies of children of Parsi women married to nonParsi spouses; and (iii) performing marriage ceremoni