BHAI ARDAMAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the dismissal of a suit instituted on the 24th October, 1956, by Bhai Ardaman Singh for a declaration to the effect that he is entitled to receive a sum of Rs, 5,260/4/per annum as a grant to meet the expenses of the langer (free kitchen ) of Shri Gurdwara Sahib Bagrian perpetually and for recovery of Rs. 26,783/6/- as arrears of the grant from 19th September 1951 to the date of institution of the suit.

(2.) IT was alleged in the plaint that the Maharajas of Jind State had sanctioned some grants of revenue as muafi by way of charity amounting to Rs. 5,300/- at different times for the expenses of the langer (free kitchen) of Shri Gurdwara sahib Bagrian in favour of the ancestors of the plaintiff details of which were given in par 1 of the plaint. A fresh Sanad in perpetuity was granted during the reign of Maharaja Ranbir Singh of Jind State regarding fixation of guzara (grant) in amount of Rs. 5,300/- per annum for meeting the expenses of the aforesaid langer in favour of Bhai Arjan singh father of the plaintiff on 19th May, 1903. In accordance with this Sanad after deduction of Rs. 39/12/- the father of the plaintiff was entitled to receive a sum of Rs. 5,60/4/ annually. After the death of Bhai Arjan Singh mutation of the said grant was sanctioned in August, 1948. In paras 4, 5 and 6 of the plaint it was pleaded that in terms of the Sanads the plaintiffs had been drawing every year on the 1st April a sum of Rs. 5,260/4/- form the Treasury at Sangrur under orders of the Deputy Commissioner, Sangrur. It was asserted that the amount of the grant was being duly spent on the amount of the grant was being duly spent on the expenses of maintaining the langer in accordance with the terms of the grant. The amount of grant had been paid up to 18th September 1951 but thereafter it has been stopped. In para 7 it was stated that when the plaintiff applied in the beginning of April, 1951, for payment of the amount of the grant the Deputy commissioner passed an order for its payment up to 18th September, 1951, but did not pass order regarding payment of the amount for the remaining period. The case of the plaintiff was that he was entitled to receive the amount of grant in perpetuity in accordance with the terms of the Sanad and that the defendants (Government of Pepsu and Deputy Commissioner District Sangrur) had no right to refuse or withhold the payment. In para 13 if was stated that the grants which had been made by the other Covenanting States of the Union for the langer of Shri gurdwara Sahib Bagrian were being received by the plaintiff as usual and it was only the amount of the grant in dispute which was not being paid.

(3.) THE position taken up on behalf of the defendants in the amended written statement filed on 23rd October, 1957, was that although the Maharaja of Jind had sanctioned certain amounts from time to time for running the langar at bagrian but the State Government could refuse that grant at any time. It was denied that the Maharaja of Jind had any right to issue any Sanad on the 20th august, 1948, because the State of Pepsu had come into existence on this date. It was further pleaded that on account of the violation of the terms embodied in the sanads also the State Government was competent to resume the alleged grants. The discontinuance of the grant after 18th September, 1951, was sought to be justified as account of order No. H. D. 524 Ed. 106 dated the 19th September, 1951. Most of the other allegations make in the plaint were denied and it was also averred that the suit was barred by limitation.