SHAROMANI GURDWARA PARBANDHAK COMMITTEE Vs. RAM SARUP

JUDGEMENT

(1.) The present revision is directed against the order passed by the learned Additional District Judge, Amritsar whereby the execution petition filed by the petitioner was dismissed on the ground that it is not filed by a duly authorised person.

(2.) The Sikh Gurdwara Tribunal Punjab (hereinafter referred to as the Tribunal) passed a decree for possession of a house as detailed in the plaint and a decree for possession of 210 kanals of land in favour of the present petitioner. The execution of the said decree was sought by filing an execution application by the petitioner through its attorney Sardar Bharpur Singh. One of the objection raised was that the application has not been filed by a duly authorised person. On the basis of such objection the following issue No. 3 was framed.

(3.) Whether the application has been filed by a duly authorised person? Learned District Judge, Amritsar only decided issue No. 3 and held that Sardar Bharpur Singh is not proved to be duly appointed general attorney although Sardar Bharpur Singh general attorney appeared as DHW 2 and produced power of attorney executed by Sardar Gurcharan Singh Tohra, President of the petitioner Ex.DH/1. It was held by the Executing Court that in the said power of attorney Ex.DH/1 there is a reference of resolution which resolution has not been produced and therefore, it cannot be held that the appointment of Sardar Bharpur Singh as general attorney of the decree holder was in accordance with the resolution passed by the general body and thus the execution application is not proved to have been filed by a duly authorised person.