JUDGMENT

S.B. Sinha, J.-Whether by mere use of a premises as a Dharamsala 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 the 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 Dharamsala on a land measuring 1702 sq. yards and 18-3/4 sq. Girha; comprising of Khasra Nos. 991 with Gosha A & 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 & 958. Allegedly, the said Dharamsala was dedicated to the general public wherefor a stone plaque on the top of