Public Trusts Act, 1950 (hereinafter referred to as the “BPT Act”), the Assistant Charity Commissioner while registering the said trust found that the land bearing survey No.703 was a trust property of the said trust. A mutation entry was made on 9th February, 1961, by which entry of Kabarstan was made. The names of the trustee were also mutated in revenue record. Thereafter, consistently, the acquired land was shown as Kabarstan vesting in the trustees in the revenue record. On the other hand, there is no documentary evidence adduced by the Municipal Council which had set up a title in itself. Considering the effect of the order passed by the Assistant Charity Commissioner and the consistent revenue entries from 1961 onwards, the superior title of the trustees has been rightly upheld by the trial Court. There is no reason to interfere with the said finding. The learned counsel appearing for the acquired body in the companion Appeal under Section 18 argued that the acquired land is vesting in the State Government. However, it must be noted that the acquiring body was a party to the Reference under Section 18 made at the instance of the trust and the Award of enhancement made therein has not been challenged by the acquiring body. Hence, it is not open for the acquiring body now to dispute the title of the trustees.
