( 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