( 1 ) IN this letters patent appeal, the question before this Court is whether the suit temple is a public temple or a private temple. The genesis of this case goes back to an entry made in the book of endowments on 11-11-1342 Fasli, registering the temple as public temple. The law at that time provided that such an entry could be challenged before the deputy Commissioner, but the appellants herein did not choose to approach the Deputy commissioner till 1975, when they filed OA no. 66 of 1975. The Deputy Commissioner, vide his order dated 28-2-1977, did not agree with the appellants and dismissed the O. A. The law provided for challenging such a finding of Deputy Commissioner by way of a suit. Thereafter, O. S. No. 58 of 1977 was filed which was decreed by the trial court on 10th of March 1981.

( 2 ) THE case of appellants all along had been that the temple was constructed over a piece of land which was purchased by their ancestors on 18-12-1302 Fasli by ex. A-42 sale deed, and all along, they had been maintaining the temple as their private temple. The plaintiffs maintained that a hanuman idol was installed in the premises bearing No. 170, Residency bazaar, hyder