MOHANT JYOTI SARUP Vs. SHIROMANI GURDWARA PRABHANDHAK COMMITTEE

JUDGEMENT

(1.) I have the advantage of going through the judgment of my learned brother G.R. Majithia, J. However, I am unable to record my concurrence concerning the said judgment for the reasons hereinafter recorded.

(2.) As per Full Bench decision of this Court in Lachhman Dass Ishar Dass Vs. State of Punjab, ILR (1968) 1 Punjab and Haryana 499 , the word 'Gurdwara' used in some of the provisions of the Act has reference to the 'institution' comprising the 'purpose' or 'ideal' which owns all the property of the Gurdwara and not in the mundane sense implying the mass of earth, and the brick and mortar thereon, which is the physical place of worship in which Guru Granth Sahib may be installed.

(3.) By a majority view in Full Bench decision of this Court in Gurdwara Sahib Padshahi Daswin Tittarsar Vs. Mahant Kesar Singh Chela Tirath Singh of Gurdwara Sahib Tittarsar, 1979 AIR 166 (PAR) , it was observed that notified Sikh Gurdwara as an institution is different from the building of the Gurdwara which is in the form of brick and mortar. A particular claimant may claim the building of the Gurdwara itself as his property or as property of some other institution in the claim petitioner under section 5 or 10 of the Act. It was further observed that:-