This appeal is directed by original defendants in Regular Civil Suit No. 2 of 2004 against the judgment and decree, passed by the District Judge-2, Dhule for declaration and possession.

2. Respondents in this appeal are original plaintiffs.

3. Facts leading to institution of this appeal, in brief, are :

Seth Kasturmal Dalsukh Dharmashala, registered trust under P.T.R. No. A235, Dhule through its two trustees filed Civil Suit for declaration that Old Plot No. 30 of C.T.S. No. 597 to 600 and 1184 to 1186, admeasuring eastwest 98 Feet and northsouth 40 feet, situated at Dondaicha, Taluka Sindkheda, District Dhule is trust property of plaintiff trust and for perpetual injunction as well as for decree for possession of the suit property against the defendants. This suit was filed under Section 50 of the Bombay Public Trust Act (hereinafter referred to as, 'the Trust Act') after obtaining permission under Section 51 of the said Act from the Charity Commissioner. Contention of the plaintiffs, in brief, is that late Kasturmal Dalsukh Agrawal, under his registered will, dated 13.7.1936 created the above said trust, which came to be registered on 30.5.1956 under P.T.R.No. A235 Dhule,