SHIROMANI GURDWARA PRABANDHAK COMMITTEE, AMRITSAR Vs. CUSTODIAN GENERAL PUBLIC-CUM-DEPUTY SECRETARY TO GOVT. PUNJAB REHABILITATION DEPARTMENT, CHANDIGARH AND ANOTHER

JUDGEMENT

(1.) The petition is at the instance of Shiromani Gurdwara Prabandhak Committee (SGPC) seeking for quashing of the proceedings of the Financial Commissioner (Appeals), Punjab, passed on 18.05.1990. The impugned order had been passed in revision filed by the petitioner against the orders passed under the Administration of Evacuee Property Act of 1950, seeking for release of the property from the central pool.

(2.) The contention of the petitioner is that the property had been purchased several decades back in the historic town of Tarn Taran and hospital for lepers was established. It was being maintained from generation to generation and they were held in the possession of various persons, who had this affliction. It appears that there arose disputes in the year 1923 between Shri. Darbar Sahib which was actually maintaining it and the persons, who were in actual occupation. In a representative suit brought at the instance of persons in occupation, a compromise was entered into that became a decree of the Court holding that the property would be allowed to be continued in their possession free of obstruction and if ever they abandoned the same, the property will revert to Shri. Darbar Sahib.

(3.) After coming into force of the Sikh Gurdwara Act of 1925, Shri. Darbar Sahib, Tarn Taran was notified as a Sikh Gurdwara along with the properties held by it, including the property in question which stood entered as 'abadi jazamian'. The revenue entries continued as such from 1921-22 to 1951-52. It also bears out from the record that the claim of exclusive title by 5 of the occupants, who had this affliction, had filed petition under Section 5 of the Sikh Gurdwara Act and the Tribunal also affirmed the compromise already entered into on 24.02.1931, where the ownership of the property with the Gurdwara stood reiterated and the sick persons had been recognized with the right of occupation.