SHIROMANI GURUDWARA Vs. MAHANT PREM DASS

JUDGEMENT

(1.) An appellate judgment delivered by the Division Bench of Punjab & Haryana High Court, allowing an appeal under Section 34 of the Sikh Gurdwaras Act, 1925 (hereinafter referred to as 'the Act' for short), upsetting the judgment passed by the Sikh Gurdwaras Tribunal (hereinafter referred to as 'the Tribunal' for short) is challenged before us by Shiromani Gurudwara Prabandhak Committee (hereinafter referred to as 'SGPC' for short). While the Tribunal had declared an institution allegedly known as "Gurdwara Sahib Gurdwara Bhagat Bhagwan" to be a Sikh Gurdwara, by the aforementioned judgment of the High Court, the said Institution was declared not to be a Sikh Gurdwara. It was instead held that the Institution was used as a "Dera" of Bhagat Bhagwan and was, in fact, an "Udasi Faqir institution", and as such, was not a Sikh Gurdwara. It is this judgment, which is challenged before us.

(2.) One Hamir Singh and 57 others, residents of Village Ladda, Tehsil Maler Kotla, District Sangrur, Punjab, filed an application to the Punjab Government under Section 7 of the Act for a declaration that an institution allegedly known as "Gurdwara Sahib Gurdwara Bhagat Bhagwan", being a Sikh Gurdwara. It was alleged that the said Institution owned 389 bighas and 10 biswas of land, which was situated in villages Ladda and Dhuri and that some of the said lands were covered by the buildings. On the basis of this application, a notification No. 557-G.P.-61-H.G. dated 9.6.1961 was published in the Government Gazette by the Punjab Government in terms of Section 7(3) of the Act, and the notice of the same was also served on one Mahant Mangal Dass on 6.7.1961. This Mahant Mangal Dass was a Chela of Mahant Bishan Dass, who was claimed to be a hereditary office- holder. He moved a petition dated 25.2.1963 under Section 8 of the Act before the State Government of Punjab, claiming that the Institution was "Dera Bhagat Bhagwan" and was being wrongly described as "Gurdwara Sahib Gurdwara Bhagat Bhagwan" in the aforementioned application by Hamir Singh and 57 others. It was pointed out that the said "Dera Bhagat Bhagwan" was located at Revenue Estate Ladda, Tehsil Maler Kotla, District Sangrur, Punjab. It was asserted that it was not a Sikh Gurdwara as claimed in the application, but was an "Udasi Faqir institution". It was further claimed by Mahant Mangal Dass that after the death of his Guru Mahant Bishan Dass, he being the Chela, was appointed as Mahant of this Dera in accordance with the Udasi rites and, therefore, in charge of the Dera for the last 42 years and further that he was managing the Institution till that date. It was further alleged that out of the lands described in the original application, land admeasuring 32 bighas and 12 biswas comprised in Khasra Khewat No. 303/496 and 497 as detailed in Jamabandi for the year 1958-59, situated at Village Ladda and the house located at Dhuri town, was his personal property and did not belong to the "Dera Bhagat Bhagwan". It was also pointed out that the petitioner Hamir Singh & 57 others were mostly fictitious persons and had moved the application with ulterior motives and, therefore, the notification issued under Section 7(3) of the Act by the State Government, was illegal and void. The State Government in turn, forwarded this application to the Tribunal for its adjudication under Section 14 of the Act.

(3.) The Tribunal served notice of the petition, bearing No. 164 of 1963 to SGPC and the other respondents in terms of the provisions under Section 15 of the Act. Very significantly, Hamir Singh and 57 other respondents, who had moved the original application, never turned up to support the application or oppose the claim of Mahant Mangal Dass, Chela of Mahant Bishan Dass. The litigation was, therefore, carried on only at the instance of SGPC, who claimed the said Institution to be a Sikh Gurdwara. A written statement dated 29.7.1963 was filed by the SGPC and it was claimed that the said Institution was a Sikh Gurdwara, as it was established for the use of Sikhs, and was used as a place of public worship by Sikhs all along in terms of the provisions of Section 16(2)(iii) of the Act. It was additionally claimed by way of amendment that the Institution was established in the memory of Sikh Guru Bhagat Bhagwan. It was further claimed by way of subsequent amendment that the Institution was a Sikh Gurdwara because of the traditional visits of the first and sixth Gurus to the Institution, so that the Institution came within the purview of Section 16(2)(ii) of the Act. The last amendment was dated 1.6.1964. On 3.6.1964, Mahant Mangal Dass also moved an application under Order 6 Rule 17 CPC for amendment of the petition under Section 8 of the Act, to the effect that he was a hereditary office-holder. However, by its order dated 4.8.1964, this application of amendment was rejected by the Tribunal. The Tribunal struck two Issues: