( 1 ) THE point of law involved in this second appeal is whether the trustee of a public trust can file a suit against a trespasser for recovering possession of trust property without the consent of the Charity Commissioner under sec. 50 of the Bombay Public Trusts Act 1950 In this connection secs. 50 and 51 of the Public Trusts Act are relevant and they read as under :- 50 In any case (I) Where it is alleged that there is a breach of a public trust (II) where a declaration is necessary that a particular property is a property belonging to a public trust or where a direction is required to recover the possession of such property or the proceeds thereof or for an account of such property or proceeds from any person including a person holding adversely to the public trust or (III) where the direction of the court is deemed necessary for the administration of any public trust having an interest in the trust and having obtained the consent in writing of the Charity Commissioner as provided in sec. 51 may institute a suit whether contentious or not in the court within the local limits of whose jurisdiction the whole or part of the subject matter of the trust is situate to obtain a decree for any of the following reliefs:- (A) an order for the recovery of the possession of such property or proceeds thereof. (B) the removal of any trustee or manager (C) the appointment of a new trustee or manager (CC) vesting any property in a trustee (D) a direction for taking accounts and making certain inquiries (E) a declaration as to what proportion of the trust property or of the interest therein shall be allocated to any particular object of the trust (F) a direction authorising the whole or any part of the trust property to be let sold mortgaged or exchanged (G) the settlement of a scheme or variations or alterations in a scheme already settled or (H) granting such further or other relief as the nature of the case may require:- provided that no suit claiming any of the reliefs specified in this section shall be instituted in respect of any public trust except in conformity with the provisions thereof. 51 (1) If the persons having an interest in any public trust intend to file a suit of the nature specified in sec. 50 they shall apply to the Charity Commissioner in writing for his consent. The Charity Commissioner after hearing the parties and after making such inquiry as he thinks fit may within a period of six months from the date on which the application is made grant or refuse his consent to the institution of such suit. The order of the Charity Commissioner refusing his consent shall be in writing and shall state the reasons for the refusal. (2) If the Charity Commissioner refuses his consent to the institution of the suit under sub-sec. (1) the persons applying for such consent may file an appeal to the Bombay Revenue Tribunal constituted under the Bombay Revenue Tribunal Act 1939 in the manner provided by this Act. (3) In every suit filed by persons having interest in any trust under sec. 50 the Charity Commissioner shall be a necessary party. (4) Subject to the decision of the Bombay Revenue Tribunal in appeal under sec. 71 the decision of the Charity Commissioner under sub-sec. (1) shall be fin and conclusive. The trial Court held that permission was necessary and the first appellate Court held that it is not necessary. In order to decide this question we are materially concerned with the interpretation of sec. 50 of the Bombay Public Trusts Act 1950 which will hereinafter be referred to as the Act. In a sense sec. 50 of the Act provides that in certain cases a suit can be filed by the Charity Commissioner or two or more persons having an interest in the trust and having obtained the consent in writing of the Charity Commissioner for any of the reliefs specified in the said section. The section then enumerates the reliefs for which the suit can be filed. In other words the section consists of three parts with the proviso