The main legal point established is that the appointment of new trustees for a public trust should be made by the Court and not the Registrar, as per the provisions of the M.P.Public Trusts Act, 1951.

This is an appeal under section 27 of the M.P.Public Trusts Act, 1951 (In short "Act, 1951") has been filed by the Deity Shri Dev Mahadevji Mandir through trustee Kanchhedilal against the order dated 30-3-2009 passed by learned Additional District Judge, Rehli District Sagar in M.J.C.No.1/2008 and simultaneously also deciding M.J.C.No.2/2008.

2.In pursuance to the order dated 8-10-2007 passed by the Registrar under the Act, 1951 an application under section 26 was filed by Deity Shri Dev Mahadevji Mandir through trustee Kanchhedilal.Similarly another application which was registered as MJC No.2/2008 was filed by the Deity Shri Dev Mahadevji Mandir through Managing Trustee Rajesh Kumar for the appointment of trustee.Both the applications were clubbed and consolidated and by a common order learned Court below has disposed of both the applications and passed the following order :

3.The contention of Shri Sharma, learned counsel for appellant is that the judicial function to appoint new trustees should have been discharged by the Court itself and it should not have been directed to the Registrar to discharge this function.In this context learned counsel has invited my attention to section 27 of the Act of 1951 wherein powers of the Court have been described and also placed reliance on the decisions of this Court in Shri Deo Janki Raman Mandir Trust, Gora Khurd vs.State of M.P.and others, 2003(2) MPLJ 448 and Trust, Gora Khurd, District Sagar vs.State of M.P.and others, 2003(5) MPLJ SN41.Hence, it has been prayed that by allowing this appeal the impugned order be set aside and the District Judge be directed to decide the matter by appointing new trustees.

4.On the other hand Shri Choubey, learned counsel for respondent No.1 argued in support of the impugned order and also raised a preliminary objection that this appeal is not maintainable for two reasons.Firstly by the impugned order the working trustee Kanchhedilal was directed to be removed from his office and hence he was not having any locus standi to file appeal by assailing the impugned order.Secondly, during the pendency of this appeal, said Kanchhedilal had also died and his son Alok Tiwari is not having any locus standi to continue this appeal.Thus, it has been prayed that this appeal be dismissed on the ground of maintainability as well as on merits.

5.Having heard learned counsel for the parties I am of the view that this appeal deserves to be allowed and the case is required to be sent back to learned District Judge.

6.So far as preliminary objection raised by learned counsel for respondent No.1 in regard to maintainability of appeal is concerned, suffice it to say that although Kanchhedilal has been directed to be removed from the post of working trustee by the impugned order but since the application under section 26 was filed by Kanchhedilal for Deity Shri Dev Mahadevji Mandir through trustee and further because the impugned order has been passed against him, therefore, for the purpose of this appeal he can assail the order in the name of deity since the original application was filed by him in the name of deity.Even otherwise, now said Kanchhedilal is no more in the world.So far as the another objection that after the death of Kanchhedilal his son Alok Tiwari cannot be brought on record is concerned, suffice it to say that only for the purpose of continuing this appeal he can file necessary application so as to challenge the impugned order.At-present he is not at all a trustee and thus he is only permitted to continue this appeal.Thus, this appeal cannot be dismissed on the preliminary objections raised by learned counsel for respondent No.1 and they are hereby overruled.

7.Now coming to the merits of the case, on bare perusal of the impugned order, which I have quoted hereinabove, it is gathered that the Court below has directed the Registrar to appoint new trustee of trust namely Shri Dev Mahadevji Mandir, which according to me he cannot do for the reasons sta