HARNAM SINGH Vs. SHIROMANI GURDWARA PARBANDHAK COMMITTEE AMRITSAR

JUDGEMENT

(1.) This appeal by Special Leave is. directed against the judgment of Punjab and Haryana High Court dated 23rd September, 1975.

(2.) Brief facts leading to the present appeal are that the appellants filed a claim petition under sub-sec. (1) of S. 5 of the Sikh Gurdwara Act, 1925 (hereinafter referred to as 'the Act') on the ground that the appellant Harnam Singh was the Manager of Baba Daya Chand Dharamsala situated in village Phaphre Bhai Ke. The appellants alleged that the land khasra Nos. 345, 1861, 1047, 1053 and 1054 measuring in all 76 bighas and 7 biswas was attached to the Dharamsala Baba Daya Chand and was not the property of the Gurdwara Sahib Phaphre Bhai Ke. The claim was contested by the Sikh Gurdwara Parbandhak Committee (respondent). The contention of the respondent was that the disputed land was the property of Gurdwara Sahib as entered at SI. No. 393 in Schedule I of the Act. On the pleadings of the parties the following three issues were framed.

(3.) Both the parties aggrieved against the judgment of the Tribunal filed appeals before the High Court. The High Court by its judgment dated 23rd September, 1975 allowed the appeal filed by the Sikh Gurdwara Parbandhak Committee and dismissed the appeal filed by Harnam Singh and another. The appellants have, now, come before this Court against the judgment of the High Court.