NITYA NAND ETC Vs. S G P C

JUDGEMENT

(1.) THIS judgment disposes of F. A. O. Nos. 307 of 1978 and 294 of 1979. F. A. O. No. 307 of 1978 is directed against the order of the Sikh Gurdwaras Tribunal, Punjab (the Tribunal, for short) dated April 6, 1978, holding that Gurdwara Sahib Mehme Shahi. situated in the revenue estate of Lopon is a Sikh Gurdwara. F. A. O. No. 294 of 1979 is directed against the order of the Tribunal dated January 30, 1979, deciding the petition under Section 10 of the Sikh Gurdwaras Act, 1925 (the Act, for short) holding that the properties menioned in the Punjab Government's Gazette Notification No. 1608-G. P. , dated August 31, 1962 belong to Gurdwara Sahib Mehme Shahi determined as a Sikh Gurdwara in Petition No. 628 of 1974 filed by Nitya Nand Vashisht and other worshippers of Lopon under Section 8 of the Act.

(2.) UNDER sub-section (1) of Section 7 of the Act, more than fifty Sikh worshippers belonging to village Lopon, Dhamot, Jandali, Doraha, Rajgarh, etc. forwarded a petition to the Punjab Government through the Secretary, Home Department, praying that Gurdwara Sahib Mehme Shahi situated within the revenue estate of Lopon, Tehsil Sirhind, District Ludhiana (previously District Patiala) be declared to be a Sikh Gurdwara. This was duly notified by the State Government under the provisions of sub-section (3) of Section 7 of the Act. Thereupon, Mahant Chanan Singh Chela Ram Singh, Sadh Nirmala of village Lopon, sent two composite petitions under Sections 8 and 10 of the Act to the appropriate Secretary to the Punjab Government, who forwarded the same to the Tribunal for disposal. These petitions were registered at Nos. 221 and 222 of 1963. Twenty or more worshippers of the institution also forwarded composite petition under Sections 8 and 10 of the Act to the appropriate Secretary to the Punjab Government claiming that the institution in dispute was not a Sikh Gurdwara but a Nirmala institution and the properties included in the consolidated list attached with Notification No. 1628-G. P. , dated August 31, 1962 was the property of the Dera; that the institution in dispute is a Smadh of Baba Mehma Shah and not a Sikh Gurdwara: that Mehma Shah sect is different from Sikh religion and the disputed institution is a Dera of Sadhus; that the pilgrims and Sadhus are fed from the income of the property and the land belonging to Gurdwara Mehme Shahi and the Dera is also maintained from the income of its property; that a Mela is held every year at the Smadh; that Mehma Shah (Fakir) had composed his own Granth and followed different Maryada and that the Smadh is more than 200 years old.

(3.) SHIROMANI Gurdwara Parbandhak Committee, Amritsar (the Committee, for short) in its written statement controverted the pleas in the petitions made by the hereditary office holder and the worshippers. The petitions filed by the worshippers were numbered as Petitions No. 622 to 626 and 628 of 1974. These petitions were consolidated by the Tribunal vide its order dated August 10, 1976 and as these six cases involved the same points of law and the issues that arose were the same, it was ordered that the evidence would be recorded in Petition No. 628 of 1974 (Nitya Nand etc. v. S. G. P. C. ). Various issues were framed in these petitions, but the issues which were adjudicated upon by the Tribunal read as under: