S. B. Sinha, J. - (1.) Whether by mere use of a premises as a Dharmashala for about 125 years would lead to an inference that the same belongs to a public trust, is the question involved in this appeal, which arises out of a judgment dated 19-11-1996 passed by a Division Bench of the High Court of Himachal Pradesh at Shimla in Regular First Appeal No. 44 of 1984 whereby and whereunder the judgment of a learned single Judge of the said Court dated 20-3-1984 passed in Civil Suit No. 22 of 1979 was reversed.
(2.) Fact of the matter shorn of all unnecessary details is as under :- Raj Kumar Bir Singh, was the owner of Nahan Estate. He constructed the said Dharmashala on a land measuring 1702 sq. yards and 183/4 sq. Girha; comprising of Khasra Nos. 991 with Gosha A and B, 992, 993 with Gosha, 994, 995 with Gosha, 996 and 999 situated in the town of Nahan as per Misal Haqiyat of Settlement Sani. As per the latest settlement the new Khewat Khatuni Nos. with Kharsa Nos. are Khewat No. 78, Khatuni Khata Nos. 133 to 137 and Khata No. 28/50, 914, 915, 955, 956, 959, 962, 963, 957, 960, 961 and 958. Allegedly, the said Dharmashala was dedicated to the general public wherefor a stone plaque on the top of its main gate was affixed. The public in general, the travellers and in particular those taking part in an yearly fair known as Renuka Fair admittedly could stay therein for three days without permission whereafter, permission of the owner of the property was necessary.
(3.) Raj Kumar Bir Singh died in or about the year 1881 whereupon the properties owned by him devolved upon Surjan Singh. Upon the death of Surjan Singh, the properties devolved upon Ranzor Singh. Ranzor Singh died on 14-11-1947 and on his death his properties were inherited by Jagat Bahadur Singh.;