( 1 ) THE focus of disputation in the present appeal is section 70 of the Bombay Public Trusts Act 1950 (Trust Act ). Is it retrospective in operation in the sense that it can be invoked to rectify errors committed even prior to the enforcement of the said Section in 1954 as contented by the respondent State ? Or is it prospective in the Sense that it can be invoked only to rectify errors committed subsequent to its introduction as canvassed by the appellant ?

( 2 ) BEFORE we tune in to the main question a Swift glance at the facts is called for On May 15 1952 one Fejmohmad made an application praying that land comprised in S. No. 156 should be declared as public trust property and that it should be registered as Rajbai Takia Kabrastan inasmuch as the said land was assigned to the Muslim community of Palanpur by the then Nawab of Palanpur for use as a grave-yard. The application was registered as Inquiry No. 1209 of 1952. Within five months the application Was granted and an order Was passed on October 13 1952 registering it as a public trust and declaring that the land belonged to the said public trust. It appears that some time in or about 1966-67 it was realised