( 1 ) IN this appeal defendant No. 1 in special civil suit No. 51 of 1978 on the file of the learned Civil Judge (Senior Division) Junagadh has challenged the decree for possession passed by the learned trial Judge on 29

( 2 ) IN order to highlight the grievances voiced by the appellant through his learned Advocate before us it is profitable to have a look at the relevant facts. Respondents Nos. 1 to 4 are the original plaintiffs in the suit while respondent No. 5 is original defendant No. 3. Original plaintiffs are trustees of a registered public trust known as Pir Shiraji Sha Dargah Trust. Defendant No. 2 Khalifa Shri Mahmadsha who is since deceased was the Khalifa of the trust. It is the case of the plaintiff-trustee that defendant No. 2 was managing the institution and the lands thereof as Khalifa. After some time he started mismanaging the same. Followers of Dargah applied to the Charity Commissioner in 1963 under section 50a of the Bombay Public Trusts Act for sanctioning the scheme and for appointing trustees. The Charity Commissioner by his order dated 27-11-1964 sanctioned the scheme and appointed the plaintiffs as first trustees. Defendants appeal against