MAMO Vs. COMMITTEE OF MANAGEMENT SHRI GURDWARA SAHIB

JUDGEMENT

(1.) The judgment and decree under challenge in this appeal, by special leave, were passed in Second Appeal No. 1044 of 1978 by the High court of Punjab and Haryana, Chandigarh, on 16/12/1987. The appeal arises out of the suit filed by respondent No. l (referred to in this judgment as 'the plaintiff) against the appellants and respondent Nos. 2 to 4 who are the legal representatives of one Pritam Singh (referred to in this judgment as 'the defendants') for recovery of possession of agricultural land measuring 160 Kanals 16 Marias situated at village Balbehra tehsil, district Patiala (hereinafter referred to as 'the suit land').

(2.) On 22/04/1969, the suit was filed on the basis of title of the plaintiff. The suit land originally belonged to one Ram Singh who gifted the same in favour of Gurdawara Sahib in 19511 while it was being held by Pritam as a mortgagee. Later, the mortgage was redeemed by Ram Singh and the suit land was mutated in the revenue records in the name of Gurdwara Sahib but it continued in the possession of Pritam Singh. After declaration of Gurdwara as a Sikh Gurdwara, Shiromani gurudwara Prabandhak Committee, amritsar, filed a suit against the local Committee for recovery of possession of the suit land which was under its control and management. That suit was decreed on 1/12/1964. in execution of the decree actual possession of the suit land could not be taken from Pritam Singh, instead only symbolic possession was given to Shiromani Gurdwara Prabandhak Committee. The plaintiff was notified by the Punjab government in 1965. It then initiated proceedings against Pritam Singh before Assiststant Collector, 1 Grade for recovery of rents. On 31/10/1968, the claim was dismissed holding that Pritam Singh was neither the mortgagee nor the tenant of the suit land. Sometime thereafter the said Pritam Singh died and the present suit was brought against the defendants on 22/04/1969.

(3.) The suit was resisted by the defendants denying the ownership of the plaintiff, the knowledge of the earlier suit and taking of symbolic possession of the suit land from the said Pritam Singh. It was pleaded that the suit was barred by limitation under Section 28 of the Sikh Gurdwaras Act, 1925 and that till his death Pritam Singh was in possession of the suit land and thereafter they had been in adverse possession thereof, so the title of the plaintiff, if any, extinguished.