( 1 ) THIS Second Appeal has arisen from the suit brought by the respondents Nos. 1 to 4 against the appellant and Palitana municipality for a mandatory injunction ordering removal of cabin erected by the appellant on a footpath forming part of a public street in the area known as Chhella chakala in Palitana.

( 2 ) WHILE admitting Second Appeal the court had formulated substantial questions of law as under:1. Whether the lease granted by Palitana municipality to defendant No. 1 in 1957 was valid and whether it could be challenged 21 years after it was initially granted?2. Whether the suit for a mandatory injunction seeking relief in this behalf is maintainable?

( 3 ) THE above-referred to substantial questions of law arise for the consideration of the Court in the background of following facts.

( 4 ) KHUSHAL Bhuvan Jain Dharmshala is a public trust. It is registered as a charitable trust under the provisions of the Bombay public-Trusts Act, 1950. The property of the trust is situated on Taleti road near chhella Chakala in Palitana. Nuns and monks belonging to Jain religion are residing in the caravanserai. To the north of building of Khushal Bhuvan Jain dharmashala