KABUL SINGH Vs. RAM SINGH

JUDGEMENT

(1.) This is defendants appeal.

(2.) The dispute relates to Sikh Gurudwara, Tehri. The respondents Ram Singh and Sant Ram as plaintiffs brought Original Suit No. 254 of 1971 on Dec. 20, 1971, under S. 92, Civil P.C. with the leave of the Advocate-General dated 15th April, 1968 against Qabul Singh, Nanak Singh, Arjun Singh and Bir Chand defendants-appellants. About three quarters of a century ago the then Maharaja Tehri Garhwal dedicated land for the establishment of a public Gurudwara to benefit all such residents of Tehri who profess faith in the Sikh religion of Guru Granth Sahib. The Maharaja brought into existence a public trust of religious and charitable nature. The affairs of the Gurudwara were managed by residents of Tehri professing faith in the Sikh religion of Guru Granth Sahib.

(3.) The plaintiffs' further allegations are that in 1950 the residents of Tehri professing faith as aforementioned at a meeting formed a body known as the Gurudwara Committee, Sri Guru Singh Sabha. They elected a Managing Committee of which Kabul Singh (Defendant No. 1) was the President/Manager. The Gurudwara has been, it is contended, under the management and control of the Managing Committee on behalf of the (sic) mismanaged and in a chaotic state. Certain members of the general body called a general meeting on 31st Oct. 1966 and held fresh elections of the Managing Committee where-by the old Committee (including Qabul Singh) was ousted. This, according to the plaintiffs, was followed by scramble and dispute for power, control and possession between the erstwhile President and the newly elected members of the Managing Committee.