- (1.) The question for consideration in this appeal by certificate is whether the Temple of Radha Ballabh Situated in Pakhali Pole Raipur, Ahmedabad falls under the category of Public Trust under the Bombay Public Trusts Act, 1950 (herein- after referred to as the Act) and its properties are public trust properties.
(2.) After holding the necessary enquiry as required under the Act, the Deputy Charity Commissioner, Ahmedabad Division held that the Temple came under the category of public trust and its properties were public trust properties. The decision of the Deputy Charity Commissioner was confirmed by the Charity Commissioner in appeal. In the revision petition presented to the District Judge, Ahmedabad under S. 72 of the Act by the present appellant, the District Judge held that the Temple was a private Temple and the properties were not public trust properties and the District Judge set aside the decision of the Deputy Charity Commissioner and also the decision of the Charity Commissioner in appeal, allowing the revision petition which was filed by the present appellant before the District Judge. Against the judgment and order of the District Judge, the Charity Commissioner preferred an appeal to the High court. For reasons recorded in the judgment of the High court, the High court allowed the appeal and set aside the judgment and order of the District Judge and the High court restored the decision of the Deputy Charity Commissioner which was affirmed by the Charity Commissioner in appeal. On the basis of the valuation and as the judgment of the High court was one of reversal, the High court granted certificate of fitness to appeal to this court and this appeal has been accordingly filed.
(3.) The High court in a well considered judgment has correctly set out all the material facts and circumstances of this case. The High court has carefully considered the entire evidence on record, both oral and documentary, and the High court has noted all the relevant facts and circumstances of the case. The High court has also dealt with the various contentions which were raised and has discussed the various cases which were cited before the High court from the Bar.;