( 1 ) ON an application made by the appellants an inquiry under sec. 19 of the Bombay Public Trusts Act 1950 (hereinafter to be referred to as the Act) was made by the Deputy Charity Commissioner Ahmedabad. He held the trust known as Shaikh Din Abdullah Hasrat Bada Edroos Saheb Roza Masjid and Kabrasthan Ahmedabad to be a public trust as defined under sec. 2 (13) of the Act and that way directed the same to be registered under the provisions of the Act. The properties appertaining to the said trust were also held to be the properties thereof. According to him the trust was a public Wakf by user. Against that decision passed on 23rd April 1956 the appellant preferred Appeal No. 125 of 1956 before the Charity Commissioner under sec. 70 of the Act. By an order passed on 29th May 1957 by Mr. S. C. Bhatt Charity Commissioner Bombay that appeal came to be dismissed with costs. Aggrieved by that decision Miscellaneous Application No. 149 of 1957 was filed under sec. 72 of the Act in the Court of the District Judge at Ahmedabad. By his order dated 29th December 1959 the learned District Judge allowed the application and set aside the decision of the Deputy Charity Commissio