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petition is whether the Har1 jans are entitled to enter this Tample by reason of the Bombay Har1 Jan Temple Entry Act 1947. That Act was placed on the statute book in order to remove certain disabilities from which the Harijans suffered, and one of the most glaring disabilities was that Harijans were not allowed to worship along with other Hindus in Hindu temples. The contention of Wr. Des is that on a true construction of this Act, 16 Rindus had a right by law or custom to worship in this particular Temple, than the Harijans would have a similar right, But 18 Hindus themselves have no right to enter into this Temple, then no right has been conferred upon the Harijane by this Act, The contentions, on the other hand, put forward on behalf of the state by the Advocate General is that this Act throws opon a11 Jain temples to all the Hindus, and ina smuch as Jain tomplos are thrown open to all the Hindus the right that the Hindus have by virtue of this Act can also be oxaciood by the Harijans.
In order to decide which of these two contentiong is sound, it is necessary to look both at the purpose and object of the Act and also to the language used by the Legislature in order to affoctuate that object and purpose, soc. 2 13 the definition section and the matorial definitions we have to consider is the dofinition of "Hindus" and of "Templo". "Hindus" 13 defined as including Ja Ins, and "tample" is defined as a place, by whatever nare known and to whomsoever belonging, which is used as a place of religious worship by custom, usage or otheus by the nambers of the Hindu community or any section tharsot and includes all land appartenant thereto and subsidiary shrines attached to any such place, Sec. 3 is the material section which contors cortain rights upon Rarijans, and that is in the following
terms:
"Notwithstanding anything conte ined in the terms of any instrument of trust, the terms of dedication, the terms of a Sanad, or a decree or order of a competent Court,
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