( 1 ) THIS is an appeal filed under sec. 72 (4) of the Bombay Public Trusts Act 1950 (which is hereinafter referred to as the Act) and it raises rather an important question of law as regards the procedure to be adopted by the Assistant Charity Commissioner during the course of an inquiry contemplated by sec. 19 of the Act. It also raises the question as regards the revisional jurisdiction of the Charity Commissioner under sec. 70a of the Act.

( 2 ) FOLLOWING in brief are the facts out of which this appeal arises On 15th April 1952 one Huseinkhan Ahmedkhan Pathan filed an application under sec. 18 of the Act for registration of a public trust under the name of Chhani Masjid. Consequent upon this application inquiry No. 499/52 was undertaken by the concerned Assistant Charity Commissioner Baroda. Eventually the trust was registered under the provisions of the Act on 9th June 1953 and was given No. B/553. The trust claimed some properties said to have been gifted to it by one Nabiji Nathaji Vohra of Baroda as per two gift deeds dt. 22nd May 1953.

( 3 ) AGAINST the above order registering the trust and its above name properties Nabiji who has since died filed an appeal