whether such trust is a public trust or whether any property is the property of such trust may, within sixty days from the date of the decision, apply to the court to set aside the said decision. Section 2(4) defines the expression “Court” to mean in the Greater Bombay, the City Civil Court and elsewhere, the District Court. The moot question is whether the application filed by the applicant is concerning “whether any property is the property of such trust” is maintainable or not ? Perusal of the prayers made in the application, however, shows that the applicant has challenged the order dated 20.4.1999 passed in Trust Application No.62/1997 and order dated 24.9.2003 passed in Trust Application No.2/2001. By these orders, challenge to the sanction accorded under Section 36 of the Act was repelled. In short, the application is not for holding enquiry as to whether any property is the property of such trust or not. That apart, in view of the decision of this Court in the case of Fatmabai Bachooali (supra), the moment sale deed is executed, the property ceases to be the trust property. The learned District Judge, however, observed in paragraph-11 that the dispute falls under Section 72 of the Act on the ground as to whether the disputed property was the property of the trust on the date of
