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4. Upon the respective contentions of the parties the following questions arise for decision.

(i) Whether on the facts and circumstances the petitioner has art effective alternative remedy by way of a suit under Section 8 of the Act ?

(ii) Whether Shitaleshwar Mahadev Mandir is or is not a public trust and whether the (properties, in question are or are not trust properties but the private properties of the petitioner ?

5. We shall first take up the question relating to alternative remedy of a suit under Section 8 of the Act. In order to appreciate the respective contentions of the parties in this regard it is not only profitable but necessary to refer to the scheme of the Act and, in particular, to the provisions pertaining to registration of public trust. The Act has been enacted to regulate and to make better provisions for the administration of public, religious and charitable trusts in Madhya Pradesh. The Act consists of six chapters having 38 sections. Chapter I refers to the short title, extent and operation of the Act and definitions. Section 2 (4) defines "Public Trust" as an express or constructive trust for a public, religious or charitable purpose and includes a temple, a math, a mosque, a church, a wakf or any other religious or charitable endowment and a society formed for a religious or charitable purpose, "Register" is defined in Sub-section (5) meaning a register maintained under Sub-section (2) of Section 3 of the Act, Sub-section (6) of Section 2 defines "Registrar" as Registrar of Public Trusts, indicated under Section 3 (1) of the Act. Chapter II consisting of Sections 3 to 12 deals with registration of public trusts. Under Section 3 (1) the Collector shall be the Registrar of Public Trusts in respect of every public trust in his district. The Registrar has to maintain a register of public trusts under Sub-section (2) of Section 3. He has also to maintain such other books and registers and in such form as may be prescribed. The 'working trustee', who is defined in Section 2 (9) of the Act as a person who for the time being either alone or in association with some other person or persons administers the trust property, has a statutory duty under Section 4 (1) to apply to the Registrar having jurisdiction for the registration of the public trust, within three months from the date on which the section comes into force or from the date on which a public trust is created. The application shall be accompanied by such fee, if any, not exceeding five rupees as may be prescribed. The application shall also contain the particulars specified in Clauses (i) to (x) of Sub-section (3) of Section 4. The Registrar has to proceed with the application for registration of a public trust and decide about the registration of the public trust. The Registrar's decision under Sub-section (4) of Section 4 is appealable under Sub-section (5) to an officer as the State Government may appoint in this regard. The order of the Registrar under Sub-section (4), subject to the decision of appeal under Sub-section (5) shall be final in this regard. Sub-section (1) of Section 5 prescribes the inquiry to be conducted by the Registrar on an application under Section 4. The Registrar is bound to make an inquiry in the prescribed manner for the purpose of ascertaining whether the trust is a public trust, whether any property is the property of such trust, the origin, nature and object of such trust, the mode of succession to the- Office of the trustee of such trust, the names and addresses of the trustees and the manager of the trust and other particulars specified in Sub-section (1) of Section 5. The Registrar has to invite all persons interested in the inquiry to raise objections to such inquiry. He has to give a public notice of the inquiry proposed to be made under Sub-section (1) of Section 5. After completion of the inquiry under Section 5 the Registrar has to record his finding and his reasons therefor as to matters referred to in Section 5. This statutory duty of recording his findings with reasons is provided under Section 6. Section 7 requires the Registrar to cause entries to be made in the register in accordance with the findings recorded under Section 6 and publish on the notice board of his office the entries made in the register. Sub-section (2) of Section 7 makes it clear that the entries so made shall be final and conclusive. However, they are subject to the provisions of the Act and subject to any change under Section 9 of "the Act or a rule made thereunder. Any person having interest in a public trust or in any property found to be trust property, if aggrieved by any finding of the Registrar under Section 6 is entitled to file a regular civil suit in a Civil Court under Section 8 (1) of the Act and have such finding set aside or modified. Any working trustee also can file a civil suit if he is aggrieved by any finding of the Registrar. The cause of action for filing a civil suit is the finding of the Registrar under Section 6. But, however six months' time from the date of publication of the notice under Sub-section (1) of Section 7 is provided for the purpose of limitation. The publication of the notice under Sub-section (1) of Section 7 would arise only when the Registrar had made entries in the register in accordance with the finding recorded by him under Section 6. Under Sub-section (2) of Section 8, in the civil suit provided under Section 8 (1) a Civil Court has to give notice to the State Government through the Registrar and the State Government shall be made a party to the suit if it so desires. Under Section 8 (3) the Registrar shall, if necessary, correct the entries made in the register in accordance with the final decision of the suit. Section 9 provides for occurrence of any change in the entries recorded in the register or the necessity to change the entries, if the working trustee or any one interested desires to have such entries changed in the interest of administration of such public trust. Where the working trustee desires to have any entries to be altered or changed in the interest of the administration of such public trust, the Registrar may, after due and proper inquiry, pass appropriate orders and change the entries if necessary after recording a finding with reasons therefor, and after following the prescribed procedure. Section 9 (3) makes the provisions of Section 8 to a finding under Section 6 (sic). A provision is made in Section 10 to intimate to all Collectors the entries recorded in the register in respect of properties situated in their district whereas Section 11 requires the executor of a will creating a public trust to make an application for registration of the trust in the manner provided in Section 4, within six months of the testator's death or within one month from the date on which probate of the will is granted. Section 12 requires the Civil Court or revenue officer to give notice to the Registrar when any document purporting to create a public trust is produced before them. Chapter III consisting of Sections 13 and 14 refers to the management of trust property whereas Chapter IV refers to maintenance of accounts, balancing and auditing of accounts, duties of the auditors to prepare balance sheet and to report irregularities, preparation of budget, its inspection, grant of certified copies of documents and returns and statements to be furnished to the Registrar. Chapter V refers to the powers of the Registrar and control of the Registrar over a public trust and provides for procedure to be followed after receipt of the report of the auditor and procedure for filling of vacancies. Section 22 of this Chapter provides for the powers of the Registrar with regard to the management of the trust properties whereas Section 23 prescribes the procedure after receipt of the report by the Registrar. Section 24 provides for an appeal by an aggrieved person from the decision of the Registrar under Section 23 to the Court to set aside the decision. Sections 25, 26 and 27 may be persued more carefully. Under Section 25, the working trustee has to inform the Registrar about any vacancy in the Board of Trustees and propose some names to fill the same. The language of the section makes it abundantly clear that the filling up of the vacancy in the Board of Trustees would arise only where a public trust is under the management of the Board of Trustees. On receipt of such information the Registrar may issue any directions to the working trustee regarding filling of vacancy and in case the working trustee fails to give information the Registrar may, by order passed in writing fill the vacancy and any person having interest in the public trust if aggrieved may apply to the Court for setting aside the order within thirty days from the date of such order. If the Registrar is satisfied that tine object of the trust has failed and the trust property is not being properly managed or administered and the direction of the Court is necessary for the administration of the public trust, he may after giving notice and opportunity to the working trustee, direct him to apply to the Court for direction under Section 26. Section 27 empowers the Court to make or cause to make such inquiry as it deems fit and pass such orders as it may consider appropriate on the application filed by the Registrar under Section 26. Any order passed by the Court under Sub-section (2) of Section 27 must be deemed to be a decree of such Court and appeal shall lie therefrom to the High Court under Sub-section (3) of that section. Sub-section (4) prohibits the filing of a suit relating to a public trust under Section 92 of the Code of Civil Procedure in respect of any matter where an application can be filed under Section 26. Chapter V consisting of Sections 22 to 27 would come into play only when there is a public trust and when there is a Board of Trustees in management but not otherwise. Sections 28 to 36 constitute Chapter VI which deals with miscellaneous matters. This in short is the scheme of the Act.

6. From a perusal of the various provisions of the Act we have no hesitation in holding that the cause of action for a civil suit contemplated under Section 8 is the finding recorded by the Registrar on completion of the inquiry provided for under Section 5. The cause of action being the recording of the finding by the Registrar notwithstanding the entries being made in the register under Section 7 (1) and the publishing of the same on the notice board of his office, a civil suit shall lie by any working trustee or person having interest in the trust property aggrieved by any finding of the Registrar under Section 6. The stress is not on the limitation. The period of limitation prescribed under Section 8 is six months from the date of the notice published under Section 7 (1). Where no entry or entries have been made in the register in accordance with the findings recorded by the Registrar under Section 6, the person or trustee aggrieved by such finding has cause of action to file a suit. The right to file a suit under Section 8 does not depend upon the Registrar's making the entries in the register or their publishing on the notice board in accordance with Section 7. The legislature has rightly thought fit and proper in their discretion to make the cause of action to |file a suit by an aggrieved party not to depend upon the unilateral act of the Registrar in causing the entry made under Section 7 (1). It is an independent cause of action which had accrued to the party under Section 8 (1). There may be cases, as in the present one, where the entries have not been made by the Registrar for some reason or other in the register in accordance with his findings recorded under Section 6 and no publication on the notice board of his office of the entries made by the Registrar. Still, the petitioner must be held to have a right to file a civil suit under Section 8 if he is aggrieved by any findings of the Registrar recorded under Section 6.