AMAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal against order dated January 23, 1984, passed by the Sikh Gurdwaras Tribunal, Punjab (for short, the Tribunal) under Section 32, Punjab Sikh Gurdwaras Act, 1925 (hereinafter referred to as the 'Act').

(2.) Mahant Ram Samp of village Malkana, Tehsil and District Bhatinda, was the owner of certain land. He died on April 22, 1956. After his death, a dispute arose about the immovable properties left behind by him. Court civil suits were filed by the rival parties. In three of the civil suits, it was stated by the plaintiffs that the property in dispute belonged to Dera Sadh Diwana and the 'Chelas' of the deceased Mahant were the owners. The fourth suit was instituted by Har Kaur, sister of the deceased Mahant. All the four suits were consolidated by the trial Court and were dismissed. First appeal filed by the plaintiffs was also dismissed. However, the second appeal (R.S.A. No. 1752 of 1961) filed by Har Kaur was allowed by the High Court on April 27, 1972, holding that the property belonged to Mahant Ram Samp in his own rights and did not vest in the institution of the Dera.

(3.) A notification under Section 7(3) of the Act was issued in the year 1964 whereby the property in dispute was declared to be property of Gurdwara Sahib Sri Guru Granth Sahib situated in the revenue estate of Malkana. Two objections were filed before the State Government, which were forwarded to the Tribunal for adjudication. The Tribunal, by their is ex-parte order dated July 24, 1975, decided the matter holding that the property belonged to the Gurdwara.