MIHAN SINGH Vs. SHIROMANI GURDWARA PARBANDHAK COMMITTEE, AMRITSAR

JUDGEMENT

(1.) This regular first appeal is directed against the order of the Sikh Gurdwaras Tribunal dated 17th April, 1963, whereby an objection petition under Section 8 of the Sikh Gurdwaras Act, hereinafter called the Act, filed by Mihan Singh, appellant herein, to the notification dated 1st November, 1960 under Section 7(3) of the Act declaring as Sikh Gurdwara the institution known as Gurdwara Sahib Bara situated in the revenue estate of village Balian, Tehsil and District Sangrur, was dismissed, and the institution in question was declared as a Sikh Gurdwara.

(2.) At the trial of the objection petition, the Tribunal struck one solitary issue, namely, whether the Gurdwara in dispute is a Sikh Gurdwara ? The onus to prove the said issue was placed on the respondent, Shiromani Gurdwara Parbandhak Committee, hereinafter referred to as the respondent.

(3.) The respondent examined two witnesses, Bachan Singh RW-1 aged 32 years of village Balian, and Amar Singh RW-2 aged 30 years, again of village Balian. The substance of their evidence is that the institution in question is called Bara Gurdwara; that it has been in existence since the time they attained the age of discretion that therein the only object of worship is Guru Granth Sahib; that Sikh mode of worship of Guru Granth Sahib had been in existence; and that the whole of the population of the village comprises of Sikhs. Bachan Singh in cross-examination denied that the said institution had been built by Gulab Singh and Mihan Singh from their own resources. He stated that the village Abadi had contributed towards the building of the said Gurdwara. Both of them admitted that there had not been any Managing Committee of the Gurdwara in question. However, no documentary evidence was placed on the record.