( 1 ) BY this Appeal under Sec. 72 (4) of the Bombay Public Trusts act, 1950 (bpt Act for short, hereinafter), the appellants have challenged the judgment and order passed by the learned Joint Charity Commissioner, in Revision Application No. 16 of 1971.

( 2 ) IN this appeal, a very short, but significant, question which has been raised for adjudication is, as to whether the Jain Derasar, known as "shri shantinathji JAIN DERASAR" is a private temple or a public trust temple. With a view to appreciate the merits of this appeal to the present appeal, may be narrated, as the outset.

( 3 ) A Jain temple known as "shri SHANTINATHJI JAIN derasar" ("disputed temple" hereinafter for the sake of convenience and brevity), situated at Gopipura, in Oswal Mohalla, in the city of Surat and according to the case of appellants is a private family religious temple, established in S. Y. 1939 (1883 AD ). The disputed temple property is registered, originally, with City Survey No. 1513, in Ward No. 13, in the city of Surat. Respondent No. 3 in this appeal, gave an application to the learned Assistant Charity Commissioner, on 4-1-1969, alleging that the disputed temple is not a private t