NISHABAR SINGH Vs. LOCAL GURDWARA COMMITTEE MANJI SAHIB

JUDGEMENT

(1.) This judgment shall dispose of R. S. A. Nos. 1651 of 1975, 209 of 1976 and Civil Revision No. 1771 of 1976.

(2.) Briefly the facts are that Smt. Kishan Kaur was the owner of the property in dispute. She made a will dt. 13th Mar., 1964 bequeathing land measuring 36 Kanals 5 Marias to Sunder Singh for lifetime with a condition that it would revert to Gurdwara Manji Sahib and Darbar Sahib, Amritsar in equal shares after his death and the remaining land to the aforesaid Gurdwara Manji Sahib and Darbar Sahib in equal shares. Smt. Kishan Kaur died on 22nd Dec., 1969. It is alleged that Nishabar Singh defendant 1 had taken possession of the property illegally. Consequently a suit for possession was filed praying that a decree for possession be passed, half in favour of the plaintiff and half in favour of Shiromani Gurdwara Parbandhak Committee, defendant 2. Sunder Singh was impleaded as defendant 3.

(3.) The suit was contested by Nishabar Singh who denied the allegations of the plaintiff and pleaded that Smt. Kishan Kaur did not execute any will in favour of Manji Sahib, Karnal or Darbar Sahib, Amritsar. On the other hand she had executed a will dt. 16th Dec., 1969 in his favour. It was further pleaded that Sewa Singh had no locus standi to institute the suit on behalf of the plaintiff. Defendant 2 filed a separate written statement supporting the claim of the plaintiff and further pleading that decree for half of the land be passed in its favour. Sunder Singh died during the pendency of the suit.