( 1 ) THE facts leading to the filing of this First Appeal may be briefly stated as follows: "amrutlal Keshavlal Patel the appellant in this appeal executed a trust deed on 26-11-1979 in respect of land bearing Survey No. 1/1 Block No. 2 admeasuring 14 acres-6 gunthas at Village Boriach Taluka Navsari. One Dargah of Gebansha Pir is situated in the eastern part of this land nearby the Highway. Hindus as well as Muslims of village Boriach and surrounding villages have faith in the said Dargah and many people visit the Dargah every year and a fair is also held every year. It was necessary to make repairs to the said Dargah and therefore the appellant Amrutlal dedicated 5 gunthas out of the aforesaid land of his ownership for the purpose of the said Dargah and created a trust by executing the deed on 26-11-1979. He filled in the prescribed form on 12-12-1979 for getting the trust registered as a Public Trust. Inquiry was held by the Assistant Charity Commissioner. The respondent Ismail Ibrahim Badat raised objections during the said inquiry. He opposed the registration of the trust as a public trust. He contended that the Dargah was situate for the last 400 to 500 years