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On September 6, 1962, the Assistant Charity Commissioner rejected that contention. Thereupon the appellant filed the aforesaid petition in the High Court. The High Court as stated above dismissed the petition holding that the Assistant Charity Commissioner had jurisdiction to hold the inquiry. It is this order which is impugned in this appeal. In view of the controversy between the parties as to the effect of certain provisions of the Bombay Act 1950 and the M.P. Act of 1951 it becomes necessary to briefly notice some of the relevant provisions of the two Acts. Section 2(4) of the M.P. Act defines public trust" as meaning an express or constructive trust for a public, religious or charitable purpose and includes a temple etc. or any other religious or charitable endowment and a society formed for a religious or charitable purpsose. Sub-section 5 of that section defines "register" as meaning a register maintained under sub- section 2 of section 3 of the Act. Section 3(2) provides that the Registrar should maintain a register of public trusts and such other books and registers and in such form as may be prescribed. Section 4 provides for the registration of public trusts and lays down that the working trustee of every public trust should apply to the Registrar for its registration by an application in which certain particulars therein mentioned have to be set out. Section 5 provides that on receipt of such an application or upon an application made by any person having interest in a public trust or on his own motion, the Registrar shall make an inquiry in the prescribed manner for ascertaining amongst other things whether the trust in question is a public trust. Sub-section 2 of section 5 as aforesaid provides for giving a public notice of the inquiry proposed to be made inviting all persons interested in the public trust under inquiry to prefer objections, if any, in respect of such trust. Under section 6 the Registrar on completion of the inquiry has to record his findings with reasons therefor as to the matters set out in section 5(i) and under section 7(1) he has to cause entries to be made in the register in accordance with his findings and has to publish on the notice board of his office the entries so made. Sub-section 2 of section 7 reads as under:

"The entries so made shall, subject to the provisions of this Act and subject to any change recorded under any provision of this Act or a rule made thereunder, be final and conclusive."

Section 8 provides that any working trustee or person having interest in a public trust or any property found to be trust property, aggrieved by any finding of the Registrar under section 6 may, within six months from the date of the publication of the notice under sub-section (1) of section 7, institute a suit in a civil court to have such finding set aside or modified. Sub-section 3 provides that on the final decision of the suit, the Registrar shall, if necessary, correct the entries made in the register in accordance with such decision.

It is clear from the provisions of section 8 that though the entries made by the Registrar are final and conclusive that finality is subject to the decision of the court in a suit challenging the findings of the Registrar. The cause of action for such a suit is thus the finding of the Registrar and not the entry. It is manifest that section 7 requires the making of the entry and its notification in order that the findings given by the Registrar are recorded and are given publicity so that an aggrieved party whether he is a working trustee or a person interested in the trust may file a suit within the prescribed time. Under section 35 of the Act the State Government framed rules prescribing inter alia for the maintenance of certain registers. Under the Act and the said Rules the Registrar had to maintain four registers, viz. (1) a register ,of public trusts, (2) a register of the properties of public trusts, (3) a register relating to immovable properties belonging to the trusts and (4) a register of decisions of courts relating to public trusts. These being the only registers prescribed either under the Act or the said rules there was no obligation on the Registrar to maintain any other register or book. The Bombay Act, 1950 defines a public trust to mean an express or constructive trust for either a public, religious or charitable purpose or both and includes a.temple, a math, a waqf, a dharmada or any other religious or charitable endowment and a society formed either for a religious or charitable purpose or for both and registered under the Societies Registration Act, 1860. Section 18 provides for registration of public trusts and is substantially in the same terms as section 4 of the M.P. Act. Section 19 similarly provides for an inquiry for ascertaining the matters set out therein which are again in the same terms as in section 5 of the M. P. Act. Though the definition of the public trust in the Bombay Act is not exactly in the same terms as that in the M.P. Act the contents of both are substantially the same. In any event it is not the case of the respondents that that which is not a public trust or a property belonging to a public trust under the M. P. Act has been made a public trust or a property belonging to such trust under the Bombay Act. The inquiry under both the Acts and its scope are therefore the same. Section 86 of the Bombay Act inducted in the Act by Bombay Act 6 of 1960 contains both repeal and saving clauses. Under sub-sections 1 and 2 read with Bombay Act 6 of 1960 the M.P. Act of 1951 stands repealed. Sub-section 3 which is a saving provision provides that the repeal or cessation of the Acts under sub- sections 1 and 2 shall not in any way affect:

As aforesaid the preamble of the M.P. Act shows that the Act was enacted to regulate and to make better provision for the administration of public, religious and charitable trusts in the then State of Madhya Pradesh. With that end in view section 5 of that Act provides for an inquiry to be held by the Registrar for ascertaining among other things whether a trust under inquiry is a public trust or not. A public notice of such an inquiry was provided for under section 5(2) in order to enable persons interested in such trust to participate therein. Sections 6 and 7 enjoin upon the Registrar to, record his finding. Such a finding may either be that the trust is a public trust or it is not. Section 7(1) enjoins upon him to cause entries to be made in the register "in accordance with the findings recorded by him under section 6", and he is to publish the entries when made in the register. The register prescribed no doubt is a register of public trusts. If the finding of the Registrar is that a particular trust is not a public trust, does he not have to make an entry of his finding in the register or has he to make an entry in that register only when his finding is a positive one that the trust is a public trust? It will be noticed that there is nothing in section 7(1) to show that he is required to make an entry only if the finding is in the affirmative. On the other hand sub- section 1 of section 7 expressly provides that he shall cause entries to be made in accordance with the findings recorded by him under section 6. Section 6 shows that he has to record his findings and the reasons therefor whatever the findings are, whether in the affirmative or in the negative. Since entries under section 7(1) are to be made in accordance with such findings, either positive or negative, it follows that entries have to be made irrespective of whether the trust is found to be a public trust or not. To say that he is required to make an entry of finding only if the finding is that the trust is a public trust would be contrary to the express language of sections 6 and 7 and would unnecessarily curtail the language and the scope of the two sections. This construction is also supported by section 8. Under that section, though it is the entry made under s. 7 which has been given finality a right of suit is conferred on both the working trustee and all persons having interest in the trust or any property belonging to it and who is aggrieved 'by any finding'. The section no doubt provides that such a suit has to be filed within six months from the date of the publication of the entry. But that provision is clearly one fixing limitation. That does not mean that the suit is to set aside the entry. The section in so many terms states that such a suit would be to set aside the finding given by the Registrar and where such a finding is set aside the Registrar has to correct the entry made in the register in accordance with his findings. The cause of section for such a suit thus is the finding and not the entry which is merely consequential. It is therefore not riot to say that a suit cannot be filed unless the Registrar has made the entry. The legislature, besides, could not have left the right to file a suit to the mercy of the Registrar who may or may not make the entry. It is equally not correct to say that the Registrar has not to make an entry if his finding is in the negative. Suppose the Registrar in a given case gives his finding that the trust in question is not a public trust and does not make an entry on the ground that the register maintained by him is the register of public trusts and not ,of trusts which are not public trusts. What is a person interested in the trust or its properties to do if he is aggrieved by that finding? Does it mean that he has no remedy by way of a suit? That surely cannot be the meaning to be given to sections 7 and