D. RAJu, C, J.—The above second appeal has been filed by the party defendants other than the State of Himachal Pradesh and their successor-in-interest against the judgment and decree passed by the learned District Judge, Solan dated 2.4.1990 in Civil Appeal No. 91/S/13 of 1985 whereunder the learned First Appellate Judge while allowing the appeal and setting aside the judgment and decree passed by the learned Subordinate Judge 1st Class, Arki decreed the suit filed by respondents No. 1 to 4.

2. The suit in case No. 23/1 of 1983 came to be filed for declaration for the following reliefs : "1. Declaration to the effect that samadhi over which the temple is situated on 1 Biswas and its landed property surrounding to it, and appertinent to that of kutcha house, now demolished comprising Khewat/Khatauni No. 113/164, Khasra No. 54/1 min or 500/54 measuring 2 Biswas total land three biswas situated in chak Hatkot (Kunihar) alongwith other land of 7 Biswas, shown as Devsthan in revenue record of Hatkot (Kunihar) Tehsil Arki District Solan, Himachal Pradesh is a public property and the plaintiff/general public are owners of the same.

2. Since the defendant No. 1 failed to manage and