BALBIR SINGH Vs. SHAM SINGH AND ORS

JUDGEMENT

(1.) This appeal is directed against the order dated 29.11.2008, passed by Sikh Gurdwara Judicial Commission, Amritsar (hereinafter referred to as the "Commission"), whereby a petition filed under Section 142 of the Sikh Gurdwaras Act, 1925 (for short, 'the Act'), alongwith an application under Order 39 Rules 1 and 2 read with Section 151 of Code of Civil Procedure, 1908 (for short, CPC), has been dismissed on the ground that petition filed under Section 142 of the Act, is not maintainable as the property in dispute is not a 'Notified Sikh Gurdwara'.

(2.) In brief, the facts of the case are that Balbir Singh (appellant) filed a petition under Section 142 of the Act, against five persons, namely, Sham Singh, Gyani Niranjan Singh, S. Gursangat Singh, S. Kulwant Singh and S. Gurmail Singh. It is pleaded that the appellant is a Sikh, professing Sikh religion, believing in the teachings and preachings of Ten Sikh Gurus and Sri Guru Granth Sahib and is a interested person in the better management and welfare of the notified Sikh Gurdwaras including Gurdwara Sri Guru Granth Sahib Ji, Lehra Mandi, District Sangrur. The respondents were elected members of the notified Sikh Gurdwara Siri Guru Granth Sahibji, Lehra Mandi. Respondent No. 1 has also been elected in the new Committee of which Gyani Niranjan Singh is the President, respondent No. 3 is the Vice President, whereas respondent Nos. 4 and 5 are the members of the Local Gurdwara Committee since 1999. In the petition, relief was sought against respondent No. 1 Sham Singh and respondent No. 3 S.Gursangat Singh, whereas respondent Nos. 2, 4 and 5 were impleaded as necessary and proper parties. It was, inter-alia, alleged in the petition that main Gurdawara building is having Sri Guru Granth Sahibji and a sealed Golak kept as per rules by the local Gurdwara Committee under Section 87 of the Act. The said golak is legally opened in the presence of Gurdwara Inspector of Shiromani Gurdwara Prabandhak Committee (for short, "SGPC") and the President and Vice President of the management of Local Committee. Respondent No. 1. alongwith respondent No. 3 unauthorisedly installed Shri Guru Granth Sahibji in the building consisting of two rooms and three verandahs falling in land measuring 3 kanals 5 marlas, bearing khasra No. 715, which is about one and half kilometer away from the main Gurdwara. The said land was donated by Inder Singh, father of the petitioner about 50 years ago but now it is owned by notified Sikh Gurdwara Sri Guru Granth Sahibji. Respondent Nos. 1 and 3 have put a private golak of their own in the said unauthorized Gurdwara Sahib and have misappropriated Rs. 6000/- per month during the last more than four years. Even the prominent melas including the Shaheedi De-hara Siri Guru Arjan Devji and Sangrandh Amawas etc. are separately celebrated in the said Gurdwara. Besides this, about 50 Akhand Paths are recited in the said Gurdwara by S.Sham Singh (respondent No. 1) and S.Gursangat Singh (respondent No. 3) by associating private Pathis and are themselves taking Bheta and sharing the same with the pathis since Nov.2002. No income of the Golak or Pathis collected at the rate of Rs. 2100/- per Path or Melas is entered in the cash Register and no receipt is issued in the name of Main Gurdwara Sahib; A chowkidar-cum-langari by the name of S. Gurjant Singh son of S. Ishar Singh is deployed in the building where unauthorized Gurdwara is functioning and said Langhri is being paid his salary from the notified Sikh Gurdwara funds and even the Sugar and tea leaves are procured from the main Gurdwara Sahib free of costs. The said Gurdwara has been given the name of Gurdwara Inder Puri Shaheedan, Lehra Gagga and receipts of the same are issued after taking money from the Sangat in the name of Gurdwara Inder Puri Shaheedan and also in the name of Gurdwara Parbandhak Committee, Bye Pass Road, Lehra Gagga, Sangrur. In this manner, it is alleged that respondent Nos. 1 and 3 have misappropriated an amount of Rs. 2,88,000/- from golak and from Akhand Paths Rs. 4,20,000/

(3.) On these pleadings, prayer was made that respondent Nos. 1 and 3 be ordered to pay Rs. 7,08,00,00/- with interest @ 18% per annum, they be disqualified from working as members or office bearers for a period of five years and be also directed to pay damages to the tune of Rs. 5 lacs in the funds of the said notified Sukh Gurdwara.