V.K. Jadhav, J.

1. Being aggrieved by the Judgment and Order dated 28.9.1995 passed by the learned Additional District Judge, Jalna in M.C.P. No. 13 of 1991, the original applicants preferred this appeal.

2. Brief facts, giving rise to the present appeal, are as follows:

(a) The applicants had initiated a proceedings under section 19 of the Maharashtra Public Trusts Act, 1950 (hereinafter referred to as the Act of 1950) for registration of Public Trust i.e. Shri Sheriche Mahadev Mandir, Jalna. Said inquiry was numbered as 23 of 1983. The applicants have mentioned names of five persons as the trustees and the mode of succession shown as surviving trustees to appoint new trustee. The main object of the trust is shown as religious one and to continue customs and functions to be held in the said temple, to held the annual fair on every Nagpanchami day to feed the Saints and to maintain the Dharmashala in the temple premises. The movable property sought to be registered is shown as pooja utensils worth Rs. 2,000/- (Rs. Two thousand) and immovable property shown is the land bearing S. No. 229 admeasuring 5 Acres 23 Gunthas, wherein a temple of Lord Shiva, Dharmashala, Barav (well) and some samadhis are situated. According to the applicants, the said temple is a Public Trust and property referred to above is trust property. The applicants further contends that, Mahant used to manage the temple and its property. The Mahant was a Bachelor and used to nominate his successor from one of his disciples, who is also necessarily a bachelor. There was no regular mode of succession, but, the nominated Mahant shall get rights of the Management of the temple and the property. One Shri Shivgir Guru Harigir was the last Mahant. He did not nominate his chela (disciple). However, on 30.12.1347 Fasli, said Shivgir Guru Harigir had executed a Will deed under which a panch committee was appointed to manage and administer the above temple and the trust property. According to the applicants, respondent no. 1 late Kedargir Guru Harigir was in occupation of the properties unauthorisedly and during his lifetime he had instituted a suit for cancellation of the aforesaid Will deed. It is further alleged that, respondent no. 1 Kedargir Guru Harigir was disposing of the properties in dispute claiming it to be of his own. It has also alleged that, respondent Kedargir Guru sold land out of land Survey No. 229 by dividing it into plots and appropriated the income derived from the said alienation. It has also contended that, the decision of the said Civil Suit went against respondent no. 1. The applicants therefore, constrained to initiate the proceedings under the relevant provisions of the Act of 1950 for registration of the Public Trust and its properties.

(b) During the course of the inquiry No. 23 of 1983, the learned Assistant Charity Commissioner, Jalna, issued a public notice under the relevant provisions of the Rules of the Maharashtra Public Trusts Rules, 1951. In response to the notice, respondent no. 1 Kedargir had raised his objection by filing his say at Exh.13. Respondent No. 1 claimed that said temple is not a public trust and the property in dispute is not the trust property. According to him, he is the absolute owner thereof and the application, therefore, deserves to be dismissed. In response to the notice issued, the purchaser had also raised objection on the similar grounds with the addition that he is the bona fide purchaser for the value without notice. In response to the said notice, respondents no. 3 to 6 by their joint say have also resisted the application on the ground that their father was the protected tenant of the land to the extent of 2 acres from eastern side and ownership certificate dated 13.10.1956 also came to be issued by the competent authority. They have denied all the allegations made by the applicants, however, according to them, their claim is restricted to the extent of 2 Acres of land and contended that the same i