The central legal point established in the judgment is the distinction between public and private grants, and the recognition of a public grant for charitable and religious purposes, emphasizing the legitimacy of a care-taker maintaining themselves out of the income of the grant for the services rendered.

Padhye, J—Against the order passed by the District Judge, Nagpur, under Section 5(5), Charitable and Religious Trusts Act (14 [xiv. of 1920), Mt. Kulsumbi has filed this revision petition.

2. The proceedings before the District Judge were started on an application under Section 3 of the aforesaid Act by one Kazi Md. Abdul Sattar thereinafter called the non-applicant) against three persons viz., Mt. Kulsambi, the daughter and Mt. Hasmatbi, the widow of Sk. Ismail, and one another who was the transferee from them, and who was subsequently discharged. Of the remaining two, Mt. Kulsambi (the applicant in this revision) was the only contesting party, the other Hasmatbi had practically joined hands with Kazi Md. Abdul Sattar and is not aggrieved by the order of the lower Court.

3. Kazi Md. Abdul Sattar's case is that there is an ancient 'Idgah' in mouza Bhankheda which is now a part of Nagpur city built by the Muslim community and is used by the said community for offering two 'Id' prayers annually. It is thus a public religious institution for the use of the Muslim public of Nagpur. The property described in Schedule A to the application consisting of maufi sarkari land Nos. 65 and 67 total area 1.36 acres with Idgah building and two houses thereon is according to him a trust property for the upkeep and maintenance of the said 'Idgah' and is held by Mt. Kulsambi and Mt. Hasmatbi as trustees. Kazi Md. Abdul Sattar claims to be interested in this Idgah as Pesh Imam (which position is not disputed before me) and he therefore moved the District Judge for passing an order calling upon the said trustees to furnish particulars and accounts of the trust property

4. The learned District Judge, appeared on the materials placed before him to be satisfied prima facie that the property to which the application related was a trust property and Kazi Md. Abdul Sattar was interested in it. Notices were accordingly issued to the opposite party, and Mt. Kulsambi who was the only contesting party, filed a written statement denying the trust and claiming the Idgah and the property as the private property belonging to her predecessors.

5. According to her the Idgah was constructed by one Bholashah Fakir, her predecessor-in-title who was its proprietor and that the other property described in the schedule was not the trust property for the benefit of the Idgah but the private property of Bholashah, and the two houses now standing were constructs by her father, Sk. Ismail, out of his own private funds. She however admitted that annual 'Id' prayers are offered in this Idgah and that the rental collections from the fields which are maufi are utilized-for the upkeep and white washing of the Idgah. She claims to have inherited this entire property on the death of her father Sk. Ismail on 24th October 1934.

6. (A) The following genealogical trees are useful to understand at a glance the connection between Bholashah Fakir and Mt. Kulsambi.

(i) Bhola Shah Fakir (d. about 1833-34) Sk. Makbul (d. about 1878). : Bayabi (Makbul's widow who died in 1914) (ii) X | Bayabi. Y (sister) : Inayatali Z (sister) : Sk. Turrib (d. 16-11-05) | | Sk. Ismail (d. 24-10-34) Mir Md. Ali. : Hasmatbi | Mt. Kulsambi.

(B)The following are the private transfers of' the property now claimed to be a trust property. (i) Gift by Mt. Bayabi in favour of Inayatali, her sister's son of the entire property by a registered gift deed dated 18th April 1892 (Ex. N. A-4); (ii) Gift of 1/4th part of that property by Mir. Md. Ali son of Inayatali in favour of Bayabi by a registered gift deed dated 21st July 1907. (Ex. N. A-8); (iii) A will executed by Mt. Bayabi on 2nd October 1914 in respect of the property gifted in her favour; (iv) Gift deed executed by Sk. Ismail in favour of her daughter Mt. Kulsambi on 1st February 1984 relating to houses (which are most probably the two houses mentioned in Schedule A to the application).

(C)The maufi field was originally one field and its number was 21 and area