( 1 ) THIS appeal arises out of Civil Suit no. 8 of 1969 filed by the Charity commissioner, Bombay (now the Charity commissioner, Gujarat) under Section 50 of the Bombay Public Trusts Act, 1960 (hereinafter referred to as the said Act) in the Court of the District Judge of mehsana for settlement of a scheme for the administration of Shri Bahucharaji mata Sansthan, a temple registered as a public trust under the provisions of the said Act, by superseding or varying "shri bahucharaji Matana Golakh Utpanna vyavastha Niyam, 1943" (Shri bahucharaji Mata Golakh Income administrations Rules, 1943), hereinafter referred to as the Golakh Rules, which were framed by and/or under the authority of the then ruler of ex-Baroda state and for other incidental reliefs, The suit was dismissed by the learned District judge by the judgment and decree passed on February 28, 1962 and the original plaintiff has thereupon brought the matter in appeal to this Court.

( 2 ) THE first respondent (original defendant No. 1) is the State of Bombay (now the State of Gujarat) in whom the management of the temple vests. The second respondent (original defendant no. 2) is the Manager of the temple wh