JAGANNATHA SHETTY, J. ,, J. ( 1 ) THIS appeal is directed against the judgment and decree made by the District Judge, kolar, in a reference under S. 13 of the mysore Religious und Charitable Institutions Act 7 of 1927 ("the Act" ). ( 2 ) THERE is a temple called 'sri mathada Anjaneya Swamy Temple' at malur in Kolar District. Upon a complaint by the Dharmakartha of the temple that the properties of the Temple were being mismanaged, the Muzrai Officer with the sanction of the State Government wrote a letter to the Court of District judge under S. 13 of the Act, in the following terms :"i am directed to convey the approval of the Government to refer the matter to the District and Sessions Judge, Kolar to give his findings on the point whether charitable and Religious Trust has actually been created. "the said letter was registered under S. 15 as a suit with the Muzrai Officer as plaintiff and the Dharmakartha arrayed as defendant. ( 3 ) THE Dharmakartha died during the pendency of the suit. His legal representatives who have rival interests and complaints were brought on record. They have examined themselves as DW 1 and DW 4 and two more witnesses and produced some documentary evidence. There was, however none on behalf of the Muzrai Officer. ( 4 ) THE Court on an appraisal of the evidence on record held that a religious and charitable trust was created by one chikkamuniyappa, but it was a private and not a public religious or charitable trust. ( 5 ) THE Muzrai Officer aggrieved by the said judgment has preferred this appeal. ( 6 ) BEFORE we consider the contentions urged by the counsel before us, it would be convenient to refer to the relevant provisions in Chapter III of the Act. S. 13 provides:"whenever a dispute arises as to whether any charitable or religious trust has been actually created in respect of any institution, the Muzrai Officer may with the sanction of the Government, make a reference to the Court of the District judge in whose jurisdiction the institution or the greater part of the property thereof is situated. S. 13 provides:"whenever a dispute arises as to whether any charitable or religious trust has been actually created in respect of any institution, the Muzrai Officer may with the sanction of the Government, make a reference to the Court of the District judge in whose jurisdiction the institution or the greater part of the property thereof is situated. "s. 15 provides :"the letter of reference shall be registered and disposed of by the Court in the same manner as a suit between the muzrai Officer as plaintiff and the parties in possession of the property or opposing the contention of the Muzrai Officer as defendants except that the plaintiff shall not be liable to pay any Court fees in respect of the proceedings following on the reference. "the other relevant sections found in chapter III are Ss. 14, 17, 18, 19, 20 and 21. Ss. 17 to 20 confer power on the muzrai Officer to make an enquiry in regard to the management of properties pertaining to Charitable or Religious Institutions dedicated for the benefit of the public. The order made thereunder is subject to the result of the suit which an aggrieved party may institute as provided under S. 21 of the Act. The scheme of the Act therefore is, the Court on a reference under s. 13 would determine only whether any charitable or Religious Trust has been actually created in respect of any institution and in a suit instituted under S. 21, the Court would determine whether such a trust was dedicated for the benefit of the public. ( 7 ) WE may now turn to the evidence on record to find out whether there has been any Charitable or Religious Trust actually created in respect of Sri Mathada anjaneyaswamy Temple. Ex. D 2 is a will dated January 10, 1929 with schedule of properties. It was executed by Chikkamuniya, the father of the original defendant Dekappa. It was stated thereunder that one Munivenkatappa was the Dharmakartha of the temple and he was dead seven years ago, and thereafter Chikkamuniyappa and the testator became the dharmakarthas. It was also stated that they got performed the poojas in the temple and looked after the Sadhus in the Mutt out of the income from the properties set out in the will. It was also stated that they got performed the poojas in the temple and looked after the Sadhus in the Mutt out of the income from the properties set out in the will. It was further directed that such works should continue to be performed from the income of the same properties by the eldest male member in the eldest branch of the family and other members of the family have no rights in the management of the temple or in those properties. ( 8 ) FROM these recitals, it will be clear that the testator in his will has specified the subject matter and object of the Trust with unmistakable terms. He has undoubtedly created a Trust for Religious and Charitable purposes. The Court below was right in its conclusion and Counsel on both sides also fairly agreed on this point. ( 9 ) THE question next is whether it was open to the Court below to determine the nature of the Trust--as to whether it is public or private. The problem presents no difficulty in view of the clear provisions of the Act and the stand taken by the counsel. A perusal of the provisions under chapter III indicates that the scope of the enquiry contemplated under S. 13 is very much limited. It is only to determine whether a Trust for Religidus or Charitable purposes has been created. The section does not cover an investigation regarding the nature of the Trust. The investigation on that question may be made by the Muzrai Officer under Ss. 17 to 20 and an aggrieved party has got a remedy to challenge the decision of the Muzrai Officer in an appropriate suit under S. 21 of the Act. Counsel on both sides have also fairly conceded this position. Therefore, the finding recorded by the Court below holding that the Trust is a private Trust is in excess of its jurisdiction. In the result, the appeal is allowed in part. While affirming the finding that a charitable or Religious Trust has been created in respect of Mathada Anjaneyaswamy temple under Ex. D 2, we set aride the finding of the Court below that the said Trust is a private one. We leave that question open with liberty for the parties to agitate elsewhere. In the circumstances of the case, we make no order as to costs. --- *** --- .