( 1 ) THIS second appeal is filed by trustees of Hareshwar Mahadev trust, a public trust registered under the Bombay Public Trusts Act against whom suit filed by the respondent-trustees on behalf of another Public Trust known as shri Jaswantsinhji Audichya Brahman Boarding Vidyarthi Bhavan and registered under Bombay Public Trusts Act has been decreed by both the Courts below.

( 2 ) PLAINTIFFS have filed present suit in the Court of Civil Judge (Junior Division) for declaration of their title to land comprised in Survey No. 60 at C. T No. 63 and removal of encroachment made on the land by constructing a lavatory and cesspool and also for permanent prohibitory injunction. The assertion of the plaintiffs in the plaint was that the property in question was a grant from the State by Lekh No. 101, which is Exh. 116, and the property in question was entered in the register of public trust as property of the plaintiff-trust after holding an enquiry under S. 19 of the Bombay Public Trusts Act (hereinafter called the Act ). The entry relating to the property in question under S. 19 of the Act is Exh. 117 on record. The defendants have denied the title of plaintiffs and asserted