( 1 ) THE short facts of the case are the petitioners are the Trustees of Shri Veraval Dashashrimali Vanik Gnati (hereinafter referred to as the "trust" ). Respondents No. 1 to 11 made an application to the Joint Charity Commissioner under Section 41a of the Bombay Public Trust Act (hereinafter referred to as the "act") on 24-1-1989 contending that the applicants who are respondents herein and other members of 70 families since generations are residing in Veraval and on account of the business, service and/or other circumstances they are required to go outside Veraval and it is also contended that there are other natives of Veraval who are required to stay outside Veraval City for professional purpose. It was stated in the application that they had applied for becoming the members of the Trust. However, the said memberships are denied and, therefore, the powers were made for treating them at par with the other members of the Trust and to restrain the Trustees from applicants using properties of the trust as beneficiaries and also to direct the Trust to admit them as the members.

( 2 ) IN response to the said application the reply was submitted by the petitioners and