BHARPUR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS letters patent appeal is against the judgment dated 14. 5. 1996 passed by the Single Judge of this Court in Civil Writ Petition No. ; 1783 of 1994, The undisputed facts giving rise to this writ petition may be summarised as follows :2. The matter pertained to proceedings initiated under the Sikh Gurdwaras Act, 1925. a notification Under Section 3 (2) of the said Act had been issued on August 25,1959, by which a Gurdwara was declared to be a Sikh Gurdwara, and the property in question was notified in a consolidated list, and thereby it was claimed that property belongs to Sikh Gurdwara. The petitioners challenged that notification by filing a petition before the Tribunal constituted under the said Act. That Tribunal rejected that petition by order dated 28. 8. 1963. Against that order, appeal was taken to the High Court, which was also dismissed on February 24, 1972. Meanwhile, on the basis of the decision thus confirmed by the Tribunal under the said Act, a suit Under Section 25a of the said Act had been filed before the Sikh Gurdwata Tribunal constituted under the said Act. It was decreed by judgment dated 10. 11. 1971. Against that decision, regular First Appeal No. 17 of 1972 was filed in this Court, which was dismissed on 4. 10. 1982. That is how it has beea adjudicated that, right, title or interest in the immovable property which is the subject matter of this litigation, belonged to the Gurdwara, and the Gurdwara was dntitled to take possession of it by executing the decree thus passed Under Section 25a of the Act of 1925.

(2.) IN order to appreciate the nature and consequence of the decision given in this case under the various provisions of the Sikh Gurdwaras Act, 1925, it would be apt to make a brief reference to the various provisions under which the proceedings in this case commenced and ended in decision holding that the Gurdwara in question is a Sikh Gurdwara and the properties belonged to that Sikh Gurdwara, and it is under the management of the Committee of the said Gurdwara respondents 4 and 5. Section 3 (1) of the said Act provides that any Sikh or the present office-holder of the Gurdwara specified in the schedule I may forward to the State Government, within a specified period of limitation, a list signed and verified by himself, and thereby indicate all rights, or interests in the immovable properties inclusive of the Gurdwara and other monetary and endowments yielding recurring income of profit received in Punjab, which he claims to be belonging to the Gurdwara. Clause (2) of Section 3 provides for publication of the notification of such list. Clause (3) of Section 3 provides that individual notices should be served on the persons who are shown in the list as persons interested* in the properties mentioned in petition Under Section 3, are supposed to raise contention Under Section 5 of the said Act. Such petitions are heard before a Tribunal constituted Under Section 12 of the said Act. Section 14 provides the disposal of such petitions. In this context it may be mentioned that all these steps have already been taken before the Tribunal. Against the order of the Tribunal, the matter had been taken to the High Court which was ultimately decided against the claim raised by the appellants. After the conclusion of the question regarding right, title or interest in the Gurdwara and in the properties mentioned in the list, the further step began with the filing of the suit Under Section 25a of the Act for getting possession of the Gurdwara which was held to be a Sikh Gurdwara and the properties belonging to that Gurdwara. That pit was also decreed. As mentioned above, against that decree, regular First Appeal No. 17 of 1972 before this Court also came to be dismissed.

(3.) IN the background of these factual events, now the question raised by the appellants is that in view of the provisions of the places of Worship (Special Provisions) Act, 1991, (for short to be referred as the Act No. 42 of 1991), a private Gurdwara cannot be converted into a Sikh Gurdwara, and consequently the decree passed by the Tribunal cannot be executed and the appellants cannot be divested of the management of the Gurdwara, and also of the properties attached to that Gurdwara. It was contended that Section 4 of the Act No. 42 of 1991 declares that the religious character of place of worship, as it existed on the 15th day of August, 1947, shall be retained as it was then, and no change or "conversion" of it would be permissible. It was contended that since the proceedings initiated on the basis of notification issued Under Section 3 of the Sikh Gurdwaras Act, 1925, are still continuing in the form of Civil revision No. 1556 of 1992 challenging the order of the executing Court, as mentioned above, the provisions of Section 4 of the Act No. 42 of 1991 would be applicable and such proceedings should abate. The counsel for the respondents, on the other hand, submitted that when the question of title, right or interest in the Gurdwara and its property has been already finally adjudicated by way of decree for possession, the execution proceedings is nothing but giving effects to the rights already adjudicated, and cannot be said to be proceeding in which such right, title or interest are still under dispute.