BHUPINDER SINGH Vs. JOGIINDER SINGH

JUDGEMENT

(1.) The respondents filed a suit in respect of Gurudwara in village Pilkhani Tehsil and District Ambala. It was alleged that the Gurudwara is a place of public worship where free access to the public is allowed. It was further alleged that father of Bhupinder Singh, defendant No.2 (the appellant herein) was a Mohtmim of the Gurudwara and looking after the same.

(2.) According to the plaintiffs, a committee for manning the Gurudwara was set up in which plaintiff No.1 was the President, plaintiff No.2 was the Secretary and plaintiff Nos. 3 and 4 were members of the Managing Committee. It is alleged that after the death of Tarlok Singh, his son was not managing the Gurudwara properly and therefore the Committee wanted a scheme to be framed in terms of Section92 of the Code of Civil Procedure, 1908, (CPC) for proper management of the Gurudwara in question.

(3.) The case of the appellant herein was that the Gurudwara was a private property earlier owned by his father and now owned by him. It was alleged that public has no right to access the Gurudwara and the suit under Section 92 was not maintainable.