DILIP SINGH Vs. SIKH GURDWARA PRABHANDAK COMMITTEE

JUDGEMENT

(1.) This appeal is against the Judgment of High Court of Punjab and Haryana in Regular Second Appeal No. 2245 of 1978. The appellants were plaintiff in a suit filed for declaration of the title in respect of 64 canals and 8 marlas comprising Khatauni Nos. 1361 to 1364 and 11 canals and 9 marlas comprising Khatauni No. 1746 in village Dheleke, Tehsil Moga in Punjab. The appellants contended that they had purchased this land by a registered sale deed from respondent Nos. 2 and 3 in June, 1957. The first respondent is Shiromani Gurdwara Prabhandak Committee (hereinafter being referred to as "SGPC"). The appellants alleged that SGPC had no title or right over the suit property. The appellants prayed that the first respondent be restrained from taking possession of their property. They alleged that the suit property originally belonged to one Jeeta Singh and he was an occupancy tenant whose rights devolved on Bhola Singh who was father of the second respondent and husband of the third respondent. According to the appellants, Bhola Singh became the absolute owner of this land by virtue of the provisions of the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952.

(2.) The case was contested by the first respondent SGPC. First respondent raised the following contentions : Jeeta Singh did not have any title over this property and consequently Bhola Singh also did not acquire any right from him. There was an earlier litigation as suit No. 859 before the Sub-Judge, Moga and Jeeta Singh was party to that suit and by judgment dated 15-6-1943, it was held that the first respondent was the owner of the land. Bhola Singh was an office holder under the managing committee of Gurdwara Jeeta Singh Wala, Lohara, and he was managing the land in that capacity. As he began to misuse his powers, an application was filed against him under Section 142 of Sikh Gurdwara Act before the Judicial Commission and the same was allowed. As Bhola Singh had no right, title or interest on the land; the gift, if any, executed in favour of the respondent Nos. 2 and 3 was invalid and void.

(3.) On these allegations, several issues were framed. The suit was ultimately decreed on 20-12-1958 and the learned Sub-Judge held that Jeeta Singh was not the original owner of the property and the title of suit property vested with the first respondent - SGPC. It was held that the title in respect of the suit property never passed on to Bhola Singh.