( 1 ) THIS is an appeal under section 72 (4) of the Bombay Public Trusts Act against the order dated 22nd June 1957 passed by the learned District Judge Broach in Misc. Application No. 14 of 1956 filed before him under section 72 of the Bombay Public Trusts Act 1950 setting aside the order passed by the charity Commissioner in Change Application No. 181 of 1953.

( 2 ) A few facts relating to this matter may be stated. On 25th November 1953 a report of a change in the trustees was made to the Assistant Charity Commissioner under section 22 of the Act. That application was contested by those respondents who claimed themselves to be the members of the Broach Jain Sangh having the right to appoint trustees. An enquiry under the provisions of section 22 was started and was transferred to the Deputy Charity Commissioner was held the enquiry with the aid of assessors. On a consideration of the evidence the Deputy Charity Com- missioner held that the old trustees wanted to resign but it was for the Broach Vejalpore Jain Sangh to accept their resignations and to appoint new trustees and that the Ladwa Shrimali Jains who appointed the appli- cants before him as the new truste