JUDGMENT

M. Jagannadha Rao, J.-This appeal arises out of orders passed rejecting the preliminary objection raised by the appellant. The preliminary objection was that the present proceedings initiated by the deceased first respondent on 21.8.1967 before the Assistant Charity Commissioner, Surat Region under Section 19 of the Bombay Public Trusts Act. 1950 to declare three Rozas (situated at three places Ahmedabad, Broach and Surat) were public trusts, were barred by res judicata in view of three decisions arrived at earlier-one in 1931, another dated 19.1.1967 and a third one initiated in 1965.

2. In the present proceedings, which relate to the Rozas at all the three places, the Assistant Commissioner in his orders in Inquiry No. 142/67 dated 26.7.68 accepted the preliminary objection of res judicata but the Joint Charity Commissioner, Gujarat in his order in Appeal No. 85/68 dated 17.12.73 did not accept the plea (before him, the plea was confined to the Rozas at Broach and Surat). He set aside the order and remanded the matter for inquiry. The said order of the Joint Commissioner was affirmed on 30.9.76 by the learned Assistant Judge in Misc. Civil Application No. 32 of 1974 and by