The present appeal is heard finally at the stage of admission with the consent of learned counsel. The record and proceedings are also received.

2. The only issue involved in the present appeal is about the jurisdiction of the District Court, to try and entertain the suit for declaration of ownership and recovery of possession in view of Sec. 79 and 80 of the Bombay Public Trust Act (hereinafter referred to as the "B. P. T. Act" for the sake of brevity).

3. The plaintiff a public trust registered under the provisions of the B. P. T. Act has filed a suit for declaration of ownership and possession. The District Court dismissed the suit for want of jurisdiction holding that, in view of Sec. 80 read with Sec. 79 of the B. P. T. Act, the Civil Court does not have the jurisdiction to try and entertain the suit.

4. Shri S. P. Shah, the learned counsel for the plaintiffs/appellants submits that the suit was filed for possession and declaration of ownership after seeking necessary sanction from the Charity Commissioner U/Sec. 51 of the B. P. T. Act. The said suit was perfectly maintainable within the meaning of Sec. 50 of the B. P. T. Act. According to the learned counsel, suit wa