LEKH RAM Vs. GURDWARA PARBANDHAK COMMITTEE, AMRITSAR

JUDGEMENT

(1.) These two appeals (i.e. F.A.O. No. 22 and 23 of 1983) have been filed by Lekh Ram and Bant Singh against the order dated 18th October, 1982 passed by the Sikh Gurdwaras Tribunal whereby the petitions, filed by the appellants, under section 8 of the Sikh Gurdwaras Act, 1926 (hereinafter to be referred as the Act), were dismissed.

(2.) The facts giving rise to these appeals are that a Notification under Section 7(3) of the Act with regard to Gurdwara Sahib and 'Dharamshala' situated within the revenue estate of village Lasoi Tehsil Sirhind District Patiala was issued on 2nd August, 1963. In response to this Notification Lekh Ram and Bant Singh filed two separate petitions under Section 8 of the Act to the office of Chief Electoral Officer, who forwarded the same to the Sikh Gurdwara Tribunal for disposal. In the petitions it was pleaded that the Gurdwara had nothing to do with the land described in the Notification which was private property of the objectors who did not follow Sikh religion. Guru Granth Sahib was not displayed in 'Dharamshala' and in fact 'Dharamshala' was given by the Ruler of the State of Patiala. The petitioners were living in thel 'Dharamshala' from the time of their ancestors for the last about 200 years. It was further pleaded that except Khasra No. 170/280 the rest of the property was personally owned by the petitioners.

(3.) These petitions were contested by Shiromani Gurdwara Parbhandhak Committee (hereinafter called the Committee) and it was pleaded that the land in dispute was the property of the Gurdwara as claimed by the worshippers in the petition under section 7(1) of the Act. The petitions were not competent as it was not disclosed in what capacity the petitioners were challenging the nature of the institution. A petition under section 8 of the Act could be made about the Gurdwara either by hereditary officer-holder 2 or more worshipers and that being not so the petitions were not maintainable and were liable to be dismissed.