JUDGMENT - WAIKAR M.R., J. : - This appeal is filed by the original applicants against the rejection of their application under section 72 of the Bombay Public Trusts Act of 1950,(hereinafter called the “Bombay Public Trusts Act”) by the learned District Judge, Yeotmal. 2. The question involved for consideration in this appeal is one of true interpretation of section 28 of the Bombay Public Trusts Act. 3. Shri Kedarnath Deosthan was a public trust registered on 12-11-1956 under the M. P. Public Trusts Act of 1954(hereinafter called the “M. P. Act”). That Act was repealed and replaced by the Bombay Public Trusts Act. The Assistant Charity Commissioner of Akola issued notices to all concerned, purporting the Act under section 28 of the Bombay Public Trusts Act. Two different groups of trustees appeared and filed their applications. The present applicant also applied to the Assistant Charity Commissioner under section 28 of the Bombay Public Trusts Act on 24th November, 1962 to delete the property namely the Nazul Plot No. 1, Sheet No. 37-C of Yeotmal from the register of this trust, as it was wrongly included as trust property. 4. This application was rejected by the Deputy Charity Commissione on 11-11-1963 as not maintainable. The appeal preferred by the applicants to the Charity Commissioner was also dismissed on the very same preliminary ground of untenability. 5. An application under section 72 of the Bombay Public Trusts Act was then preferred to the District Judge, Yeotmal, who also observed that an application under section 28 to the Assistant Charity Commissioner was untenable and was rightly dismissed by him and also by the Charity Commissioner, in an appeal and hence this first appeal has been filed by the applicants. 6. Shri Madkholkar the learned counsel for the appellants submitted that section 28 of the Bombay Public Trusts Act contemplates an enquiry for the purpose of recording entries relating to such trusts in the registers kept under section 17 of the Bombay Public Trusts Act. It creates a jurisdiction and power in the enquiring authority to enquire regarding the entries made in the register and to record such changes as may be expedient after the enquiry. The application made by the applicants before the Deputy Charity Commissioner was therefore perfectly maintainable. 7. It creates a jurisdiction and power in the enquiring authority to enquire regarding the entries made in the register and to record such changes as may be expedient after the enquiry. The application made by the applicants before the Deputy Charity Commissioner was therefore perfectly maintainable. 7. Shri Kherdekar the learned counsel for the respondent submitted that the application made under section 26 of the Bombay Public Trusts Act was subsequently amended as one under section 79 of the Bombay Public Trusts Act. He submitted that the application made by applicants before the Deputy Charity Commissioner either under section 28 or section 79 of the Bombay Public Trusts Act was not maintainable and was rightly dismiss- ed. He, further, submitted that the property in question was the property of the Trust which was duly recorded as such when the trust was registered under the M. P. Trusts Act.. If the applicants felt aggrieved they should have filed a civil suit against the finding of the Registrar as provided under section 8 of the M. P. Trusts Act. Now section 28 of the Bombay Public Trusts Act is in these terms: “28(1) All public trusts registered under the provisions of any of the enactment specified in Schedule A and Schedule A A shall be deemed to have been registered under this Act from the date on which this Act may be applied to them. The Deputy or Assistant Charity Commissioner ol the region or sub-region within the limits of which a public trust had been registered under any of the said enactments, shall issue notice to the trustee of such trust for the purpose of recording entries relating to such trust in the register kept under section 17 and shall after hearing the trustee and making inquiry as may be prescribed record finding with the reasons therefor. Such findings shall be in accordance with the entries in the registers already made under the said enactments subject to such changes as may be necessary or expedient.” (2) “Any person aggrieved by any of the findings recorded under sub-section(1) may appeal to the Charity Commissioner”. (3) “The provisions of this Chapter shall, so far as may be, apply to the making of entries in the register kept under section 17 and the entries so made shall be final and conclusive ?” 8. (3) “The provisions of this Chapter shall, so far as may be, apply to the making of entries in the register kept under section 17 and the entries so made shall be final and conclusive ?” 8. This section deals with Public Trusts, previously registered under, the repealed Acts specified in Schedules A and AA. It further says that the public trusts registered under those repealed Acts shall-be deemed to be registered under the Bombay Public Trusts Act. Further, it enjoins a duty on the Deputy or the Assistant Charity Commissioner to issue notice to the trustees for the purpose of recording entries relating to such trusts in the register kept under section 17. After hearing the trustees and making such enquiries as may be prescribed he has to record his findings, and the entries so made after such an enquiry would be final and conclusive. Any person aggrieved by any of the findings so recorded has right of appeal to the Charity Commissioner. 9. Since section 28 says that all public trusts already registered under the repealed enactments shall be deemed to have been registered under the Bombay Public Trusts Act, it would be pertinent to turn to the relevant provisions of the Bombay Public Trusts Act. The provisions of Chapter IV dealing with registration of Trusts are attracted and section 18 says that it shall be the duty of the Trustees of a Public trust to which the Acts applies to apply for its registration of a Public Trust. Such an application is required to be made within three months from the date of application of this Act so far as pre-existing Public Trusts are concerned and in case of a Public Trust created after the Act, within three months of its creation. All the property moveable and immoveatble is required to be mentioned in such an application with sufficient particularity. Section 19 then says that on receipt of an application under section 18 or upon any application made by any person interested in the Public Trust, the Deputy or the Assistant Charity Commissioner shall make an enquiry for the purpose of ascertaining inter-alia whether any property is the property of the Trust. Section 19 then says that on receipt of an application under section 18 or upon any application made by any person interested in the Public Trust, the Deputy or the Assistant Charity Commissioner shall make an enquiry for the purpose of ascertaining inter-alia whether any property is the property of the Trust. After the findings are recorded on completion of such an enquiry entries are required to be made in the register kept under section 17 and the entries so made shall be final and conclusive(vide sections 20 and 21). Section 17 lays down that it shall be the duty of the Deputy or Assistant Charity Commissioner incharge to keep and maintain such books indices and other registers as may be prescribed. Thus these provisions of Chapter IV relating to the registration of the Public Trusts envisages, making of an application, holding of an enquiry and making of entries in the register contemplated by section 17, to which a statutory finality is given. 10. Now, section 28 which also falls under Chapter IV provides that all Public Trusts already registered under the provisions of the repealed enact- ments specified in Schedules A and A-A shall be-deemed to have been registered under this Act. 11. The registration process under the provisions of this Act, as we have seen above commences with making of an application by Trustee or by person interested in the Trust or suo-motu initiation of an enquiry and terminating with pronouncement of findings and making of entries in the register prescribed under the Act. The expression “shall be deemed to have been registered under this Act” occurring in section 28, therefore, must be deemed to include pronouncement of necessary findings after a full enquiry, making of necessary entries in the register prescribed under the Act and giving such entries a final and conclusive effect. Evidently, therefore, section 28 does not contemplate making of an application by any person interest- ed in the Trust and traversing again the field of enquiry contemplated by sections 1 8 and 21 of the Act. All that it envisages is issuance of a notice by the Deputy or the Assistant Charity Commissioner to the trustee of such Trust for the purpose of recording entries relating to such Trusts in the register kept under section 17. The concluding portion of section 28(1) makes the position clear and limits the scope of such an enquiry. All that it envisages is issuance of a notice by the Deputy or the Assistant Charity Commissioner to the trustee of such Trust for the purpose of recording entries relating to such Trusts in the register kept under section 17. The concluding portion of section 28(1) makes the position clear and limits the scope of such an enquiry. The concluding words are: “Such findings shall be in accordance with the entries in the registers already made under the said enactments subject to such changes as may be necessary or expedient.” 12. It refers to entries in the registers already made under the repealed enactments and empowers the Deputy or Assistant Charity Commissioner to make such changes as may be necessary or expedient. Any person aggrieved by any finding recorded, including any change made in the entries, as a right of appeal to the Charity Commissioner as provided by sub-section(2) of section 28. Thus the enquiry contemplated by section 28 is an enquiry which the Deputy or the Assistant Charity Commissioner is required to hold after summoning the Trustees in order to carry out the entries from the old registers of the repealed enactments to the registers prescribed under section 17 of the Act. After the entries are so carried out and regularised in the new registers prescribed under the Act, it was necessary to give such entries a statutory finality as far as possible subject to the right of appeal granted to any aggrieved person under section 28(2) of the Act. In this view of the matter, the Assistant Charity Commissioner and the Charity Commissioner were justified in holding that the applicants had no locus standi in an enquiry initiated under section 28(1) with the Trustee to take up a question that a particular item is not a property of the Trust and may be deleted, a question which must be deemed to have been concluded. 13. Shri Madkholkar the learned counsel for the appellant submitted that section 28(2) of the Act provides a remedy by-way of an appeal to any person aggrieved by the findings recorded in the enquiry to the Charity Commissioner. It must, therefore, contemplate participation of any person interested in the Trust, in an enquiry under section 28(1) of the Act. The argument cannot be accepted. It must, therefore, contemplate participation of any person interested in the Trust, in an enquiry under section 28(1) of the Act. The argument cannot be accepted. An enquiry under sub-section(1) of section 28 is primarily for the purpose of recording entries in the new register under section 17 of the Bombay Public Trusts Act from the entries maintained under the repealed Acts with such changes as may be necessary or expedient. Any change in the entries is likely to affect any person and as such a right of appeal is given to such a person who is aggrieved by the change. The grievance of the present applicants here is not about any change in the entries made as a result of any enquiry, but the objection virtually is to the existing entries in the registers maintained under the M. P. Trusts Act with a prayer that it should not be carried over to the new registers maintained under section 17 of the Bombay Public Trusts Act, when those entries had become final as no civil suit under section 8 of the M. P. Trusts Act was filed within six months. The deeming provision in section 28 as indicated above also makes the entries final and conclusive. Merely because a remedy is provided to any person aggrieved by any change made while re-entering the properties in the register maintained under section 17, it cannot be said that participation by all concerned in the enquiry under section 28(1) of the Act is contemplated. 14. The application was also rightly held untenable under section 79 of the Bombay Public Trusts Act. This section merely defines the powers conferred on the Deputy or the Assistant Chanty Commissioner or the Charity Commissioner in an appeal which is their exclusive power, as the following section 18 of the Bombay Public Trusts Act bars the jurisdiction of the civil Court to decide or deal with these questions. Section 79 of the Bombay Public Trusts Act pre-supposes coming up of any such matter before them in a lawful and proper manner as provided by the relevant provisions of the Act. Section 79 of the Bombay Public Trusts Act pre-supposes coming up of any such matter before them in a lawful and proper manner as provided by the relevant provisions of the Act. This section neither entitles any person to make an application under this section irrespective of the other provisions or the scheme of the Act nor empowers the concerned authorities to entertain and deal with any matter, though an application may not be legally tenable under any of the provisions of the Act. 15. In this view of the matter the Assistant Charity Commissioner and the Charity Commissioner in appeal were justified in holding that the application made by these applicants under section 28 of the Bombay Public Trusts Act was untenable. The District Judge Yeotmal -dealing with the application under section 72 of the Bombay Public Trusts Act was, there- fore, justified in dismissing the same holding that the order passed by the Deputy Assistant Charity Commissioner and the Charity Commissioner call for no interference. This appeal, therefore, has to be dismissed, as being devoid of any merit. Appeal dismissed with costs. Appeal dismissed. ------