( 1 ) THERE is a plot of land bearing old survey No. 6and new survey no. 3141 in ward no 3 of Surat city admeasuring about 2518 sq. yds. The appellant no. 1 had made an application dt. June 1 1962 under sec. 18 of the Bombay Public Trusts Act 1950 (hereinafter referred to as the Act) to the Assistant Charity Commissioner Surat for registration of public trust namely Sarvajanik Jmumasha Kabrastan. In the said application appellants nos. 2 and 3 were shown to be the trustees of the said trust and the mode of succession to trusteeship was by appointment from the residents of three localities of Surat namely Ambawadi Kalipul Ambawadi Ghadewans Takra and Ambawadi Saiyed Badarmiyas Moholla. The aforesaid plot of land bearing old s. no. 6 and new s. no. 3141 admeasuring about 2518 sq. yds. had been shown to be the property of the said public trust. It was averred in the application that the said property was being used as a burial ground by the Musalmans residing in the aforesaid three localities since time immemorial. The extract from the property card was produced along with the application wherein the name of the owner was shown to be the Surat Municipal Corporation. An