MOHANT DHARAM DAS Vs. S G PARBANDHAK COMMITTEE

JUDGEMENT

(1.) The State Government on receiving a petition under S.7(1) of the Sikh Gurdwaras Act, 1925, hereinafter referred to as the Act. seeking a declaration that the institution known as 'Gurdwara Sahib Padshahi Naumi, Sadhan' at village Nanhera, Tehsit and District Patiaia, be declared a Sikh Gurdwara and after issuing a notification in terms of S.7(3) of the Act, issue a notice to Dharam Dass petitioner, appellant herein (hereinafter referred to as the petitioner), under S.7(4) of the Act. The petitioner, in turn, filed a petition under S.8 of the Act seeking a declaration that the institution in question asserted to be a Sikh Gurdwara was not such a Gurdwara.

(2.) The Sikh Gurdwaras Tribunal appointed in terms of S.12 of the Act on receiving the petition of the petitioner on being forwarded to it by the State Government under S.14 of the Act tried the same. On the basis of the pleadings, the Sikh Gurdwaras Tribunal, hereinafter referred to as the Tribunal, framed only one issue viz., 'whether the Gurdwara in dispute is a Sikh Gurdwara ?' as the preliminary objection that 'the petition was incompetent because the petitioner has not specifically averred that he had moved the application as a hereditary office-holder' was not pressed in view of the contents of paragraph 4 of the petition by the counsel for the respondent Shiromani Gurdwara Parbandhak Committee. Amritsar, hereinafter referred to as the respondent- S. G. P. C., on 15-11-1962. However, later on, by elder dated 29-7-1964, the Tribunal framed the second issue viz. 'Whether the petitioner is a hereditary office-holder ?'

(3.) The Tribunal decided both the issues against the petitioner and in favour of the respondent-S.G.P.C.Aggrieved by the said order of the Tribunal, the petitioner approached this Court in appeal.