PURAN SINGH Vs. AJAIB SINGH

JUDGEMENT

(1.) The plaintiffs have come up in second appeal against the judgment and decree of the first appellate Court reversing on appeal those of the trial Court whereby the latter had held that the sale deed dated 10/07/1972 executed by defendants/respondents Nos. 2 and 3 in favour of defendant/respondent No. 1 was null and void.

(2.) The facts :-

(3.) The suit was contested by defendant/ respondents Nos. 2 and 3, who had executed the sale deed in favour of Ajaib Singh defendant/respondent No. 1. They took a preliminary objection that the suit was not in proper form and was bad for non-impleading of necessary parties and that the plaintiffs had no locus standi to challenge the management of the Gurdwara and the sale in dispute. However, it was admitted that the Gurdwara Sahib was the owner of the property in dispute and it was not a scheduled Gurdwara under the Sikh Gurdwaras Act. A duly elected Managing Committee was managing the affairs of the Gurdwara. They were authorised by the regularly elected managing committee to sell the land in dispute and that respondent / defendant No. 3 was a bona fide purchaser for consideration. It was further pleaded that the land in dispute was originally owned by Bhan Singh son of Natha Singh, who had gifted the same to the Gurdwara about 30 years back. The donee did not take possession of the gifted land. The donor and his sons remained in actual possession of the gifted property till 1971 and they were asserting that they had become owners by adverse possession and it was under these circumstances that it was decided by the managing committee of the Gurdwara to sell the land to respondent / defendant No. 1.