SARUP DASS Vs. SHIROMANI GURDWARA PARBANDHAK COMMITTEE, AMRITSAH

JUDGEMENT

(1.) Sixty-one worshipers of the Gurdwara Sahib Siri Guru Granth Sahib situated in the revenue estate of Nangal Kalan, Tehsil Mansa, District Bhatinda, presented a petition under Section 7 (1) of the Sikh Gurdwaras Act, hereinafter referred as the Act, to the State Government also with a list of rights, titles and interests in the properties claimed to belong to the Sikh Gurdwara. The State Government published notification No. 2425-G.P. dated 21st October 1960, in the Punjab Government Gazette. Notice was issued to Sawan Dass Mahant of the Dera.

(2.) Sawan Dass submitted a petition under Section 8 of the Act to the State Government stating that the institution is a Dera and not Gurdwara. It was organized by his Dada Guru Jawahar Dass. The land belonging to the Dera was gifted by his Guru Bala Dass in the time of his Dada Guru Jawahar Dass. It was the personal property of Bala Dass and was mortgaged for Rs. 1800/- which was got redeemed by Jawaher Dass in his own name. After the death of Bala Dass, the villagers formed a committee. He was later appointed the Mohtmin by Government. It was ancestral property of the Dera and did not belong to the Gurdwara.

(3.) The petition was forwarded to the Sikh Gurdwara. Tribunal, herein after referred as the Tribunal, by the government for decision. During the pendency of the case before the Tribunal, Sawan Dass died and Sarup Dass was brought in his place as his legal representative.