( 1 ) THIS writ application arises out of an application under sec. 47 and 47aa of the Bombay Public Trusts Act 1950 (hereina- fter referred to as the Act) made by the petitioners to the District Court for the removal of the first respondent and one Kasam Mohmad Ajam Ismail (since deceased) as trustees and appointment of new trustees of a public trust which is registered under the Act as Sheth Azam Aref Bham 1 Wakf Rander. Since the other trustee whose removal was sought by the applicants died pending the application the only question which survived for consideration of the District Court was whether any ground for the removal of the first opponent as a trustee was made out and the learned Assistant Judge found that no such ground was made out under sec. 47 and that an application for removal of the first opponent as a trustee under sec. 47aa was not maintainable at the instance of the petitioners. It is this decision which is under challenge in the present petition.

( 2 ) NOW the application for removal of the first opponent as a trustee was made on two grounds: first that the said opponent was physically incapable to manage the affairs of the trust on account of hi