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20. Appeal- Any working trustee or person having interest in a public trust or in any property found to be trust property aggrieved by a finding of the Assistant Commissioner under Sec. 19 may, within two months from the date of its publication on the notice board of the Assistant Commissioner, file an appeal before the Commissioner to have such finding set aside or modified.

23. Changes- (1) Where any change occurs in any of the entries recorded in the register, the working trustee shall, within ninety days from the date of the occurrence of such change, or, where any change is desired in such entries in the interest of the administration of such public trust, the working trustee may, report in the prescribed form and manner such change or proposed change to the Assistant Commissioner.

(a) the original object of the public trust has failed.

(b) the trust property is not being properly managed or administered or

(c) the direction of the Court is necessary for the administration of the public trust he may, after giving the working trustee an opportunity of being heard, direct such working trustee or any other trustee or person having interest in the trust to apply to the court for directions, within such time not exceeding thirty days as may be specified by the Assistant Commissioner.

5. That apart, Rules have been framed known as The Rajasthan Public Trust Rules, 1962 (hereinafter referred as the 'Rules of 1962') and Rules 22 and 23 of the Rules of 1962 need to be noted before adverting to the facts of the case, which provide as under:-

(6 of 20) [CW-1416/2018]

22. Form and manner in which working trustee is to report changes :

(a) The working trustee shall within the prescribed period report the occurred change or proposed change of entries to the Assistant Commissioner in Form 8.

20. It was further submitted by learned counsel for the respondents that appointment of the petitioners as Executors and Administrators was only with reference to the power which Mr. Manak Raj Munot himself possessed and it was very specifically mentioned in his letter dated 25/06/2010 as well as in the entries of Form No. 8 dated 05/06/2010 that late Mr. Manak Raj Munot never appointed them as Trustees till late Mr. Manak Raj Munot was alive and therefore, no other person could be appointed as Trustee in his place and it was only for the purpose of executing his instructions that the petitioner was appointed by him as his representative. In the will, Mr. Manak Raj Munot has appointed Mr. Ajay Jain as a working Trustee. The petitioners were not to be treated and had no status of Trustee of the Trust but have been wrongfully declared as Trustees by the Assistant Commissioner (Devasthan). The Commissioner (Devasthan) has rightly set aside the order of the Assistant Commissioner (Devasthan) which is contrary to the provisions of the Trust Deed as well as the Act of 1959. The Settler Trustee was supposed to be one and he had clarified the said position to the Assistant Commissioner (Devasthan) vide his letter which has been quoted by the Appellate Authority. In the teeth of such letters and the appeal preferred by the Settler Trustee Mr. Manak Raj Munot himself, the decision of the respondent No.2 cannot be doubted or held to be perverse or unjustified.