Vaidya, J. - (1.)The only point which arises in the above first appeal filed by the General Secretary, Goan Socio Cultural Association, is whether, while granting an application of the Charity Commissioner under section 55 of the Bombay Public Trusts Act, 1950 and transferring all other properties of the Institution Indo Portuguese cy pres, the learned Judge in the City Civil Court, Bombay, who passed the judgment and order dated Oct. 7, 1966, was right in refusing to transfer the statutory tenancy of the Institution to the appellant-Association.
(2.)The application was made by the Charity Commissioner under section 55(l) of the Bombay Public Trusts Act, 1950, which, so far as it is relevant, runs as follows :
"55. (1) If upon an application made to him or otherwise the Charity Commissioner is of opinion that-

(a) the original object for which the public trust was created has failed,

(b) the income or any surplus balance of any public trust has not been utilised or is not likely to be utilised,

(c) in the case of a public trust other than a trust for a religious purpose, it is not in public interest expedient, practicable, desirable, necessary or proper to carry out wholly or partially the original intention of the author of the public trust or the object for which the public trust was created and that the property or the income of the public trust or any portion thereof should be applied to any other charitable or religious object, or

(d) in any of the cases mentioned in sections 10 to 13 or in regard to the appropriation of the dharmada sums held in trust under section 54 the directions of the court are necessary,

the Charity Commissioner shall require the trustees to apply within the prescribed time for directions to the Court within the local limits of whose jurisdiction the whole or part of the subject-matter of the trust is situate and the trustees shall comply with such requisition".

Sec. 56, which defines the Court's power to hear such applications, inter alia, states:

"...If the Court is of opinion that the carrying out of such intention or object is not wholly or partially expedient, practicable, desirable, necessary or proper in public interest the court may direct the property or income of the public trust or any portion thereof to be applied cy pres to any other charitable or religious object..."

(3.)On a plain reading of these sections it is crystal clear that the word used is 'property' in the sections. The word is wide enough to include statutory tenancy as a statutory tenancy is a benefit or interest in property, a status of irremovability, guaranteed or protected in certain circumstances by the Bombay Rent Act. Such tenancy may be the creation of the statute but it is property in its widest sense unless the statute itself declares that it is not property for purposes of all other or any other laws.