SHRI GURU GRANTH SAHIB KHOJE MAJRA THROUGH BAKHSHISH SINGH-NIHANG SINGH Vs. NAGAR PANCHAYAT KHOJE MAJRA AND SANIPUR THROUGH PARMESHRA SINGH SARPANCH

JUDGEMENT

(1.) A suit was brought in the name of Shri Gurugranth Sahib asthapat Shri Gurdwara Sahib Khoje Majra through Bakshish Singh against the Nagar Panchayat for permanent injunction restraining the Defendant -Panchayat from interfering with the property of the Plaintiff comprised in Khasras Nos. 346 and 349. In the plaint, it was stated that in case it was found that Shri Gurugranth Sahib was not a juristic person, the suit may be treated as having been brought by Shri Gurdwara Sahib, Khoje Majra through Bakhshish Singh.

(2.) A preliminary objection was taken challenging the juristic nature of Shri Gurugranth Sahib, but no issue was settled as regards this and apparently this was not pursued. The main contest in the Court below was regarding Bakshish Singh's locus standi to act for the Gurdawara. The only issue was whether the Plaintiff is the owner of the property. The trial Court found this issue in favour of the Plaintiff and granted the decree. In appeal before the learned District Judge, Patiala, objection was taken that the suit was not in a proper form. The learned lower appellate Court came to the conclusion that Shri Gurugranth Sahib was not a juristic person, nor was a Gurdwara such a person. On this point alone, without giving any decision on the merits of the case, the appeal was accepted and the suit was dismissed. The present appeal was filed by the Plaintiff in the year 1959 against this order. It is really unfortunate and highly regrettable that no steps were taken to have this case disposed of expeditiously with the result that it has taken ten years before it has come up for hearing.

(3.) SHRI Gurugranth Sahib is accepted by the Sikhs as being the spiritual incarnation of all the ten Gurus because the preachings and saying of the Gurus as well as certain other saints accepted by the Gurus are incorporated therein. A Gurdwaras, therefore, in which Shri Gurugranth Sahib is established for worship would amount to an institution having the same character as a temple or a Mutt and would be juristic person and its manager would be in the same position as the manager of a temple or any other debutter property. I have, therefore, no hesitation in holding that a Gurdwara is a juristic person which can own property and can bring a suit in its name to protect the property owned by it through its manager. In view of this, it is not necessary to go into the further question whether Shri Gurugranth Sahib is also a juristic person. Shri Gurugranth Sahib can exist only in a Gurdwara and as Gurdwara is a juristic person, the suit can always be brought in the name of a Gurdwara.