P. N. BHAGWATI, T. U. MEHTA, J.

( 1 ) THIS Letters P tent Appeal raises a short but very interesting question of law relating to the maintainability of an appeal against an order made by a single Judge of the High Court in appeal against a decision of the District Court under sec. 72 of the Bombay Public Trusts Act 1950. It is not necessary for the purpose of determination of this question to state the facts giving rise to this Letter Patent Appeal in detail but it would be sufficient if we briefly set out a few of the relevant facts as that would help to understand how the question arises for consideration. There is a trust known as Dholeshwar Mahadev Trust which consists inter alia of a temple situate in Cambay and it was registered as a public trust by the Assistant Charity Commissioner on 10th November 1953 on an application made by one Motigar Lalgar Gosai. Motigar Lalgar Gosai having died on 21st October 1958 the appellants who are his heirs filed a change report under sec. 22 sub-sec. (1) claiming that their names be entered in the Register as trustees in place of Motigar Lalgar Gosai as they were his heirs. This change report was accepted by the Assistant Charity Commissione

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