( 1 ) THE appellant was the owner of survey Nos. 432 433 434 and 461 of village Kholvad in Kamrej Taluka of Surat District. Respondents 1 and 2 claim to be his protected tenants under the provisions of the Bombay Tenancy and Agricultural Lands Act 1948 (hereinafter referred to as 6 the Tenancy Act for the sake brevity ). On 12th December 1956 the appellant served upon respondents 1 and 2 notice terminating under sec. 32 of the Tenancy Act their tenancy in respect of the lands in question. On 31st December 1956 the appellant created a trust in respect of the lands in question for the purpose of running a free public dispensary and for giving scholarships to Muslim students for prosecuting their studies. On 20th January 1957 he made an application for registration of that trust which was styled as Dadabhai Trust under sec. 18 of the Bombay Public Trusts Act 1950 On 31st January 1957 it was registered under sec. 19 of the Bombay Public Trusts Act. Respondents 1 and 2 appealed to the Charity Commissioner against the order of registration of Dadabhai Trust. It was appeal No. 56 of 1957. The appeal was dismissed. Thereafter an application under sec. 72 of the Bombay Public