NARAYANDAS BURMAN Vs. SHIROMONI GURDWARA PRABANDHAK COMMITTEE

JUDGEMENT

(1.) In my opinion, this appeal must be allowed and the suit must be dismissed with costs on the original side and before us.

(2.) The suit was brought in 1924 and it was brought against three persons or sets of persons of whom we are now concerned only with the first. The defendants with whom we are concerned and who are the appellants before us are the legal representatives of one Damodardas. It appears that Damodardas acted for a time as trustee of a certain foundation belonging to the Sikh community to which belonged certain endowments and shrines situated in Calcutta. This foundation has been generally referred to by the name of Burra Sikh Sangat which etymologically implies that it is an association; but there can be no doubt that it is a religious foundation, that the property of the foundation is held by trustees and that from time to time the Court has purported to appoint trustees to the foundation. Whether or not there is a right in the members to appoint a trustee at their own hands when a vacancy occurs by a resolution of the general body of the worshippers or members is a question as to which I shall say something in a moment.

(3.) A suit was brought in 1922 being Suit No. 2502 for the removal of the defendants from the post of managers and trustees of the Burra Sikh Sangat and for the appointment of a new trustee. That was brought against Damodardas, Bhai Mohan Singh a defendant in the present suit, and Sirdar Sundar Singh, also a defendant in the present suit. These two latter defendants have in the present suit not contested the case. The suit was decreed upon certain terms of settlement in February 1923. Bhai Mohan Singh resigned from his trusteeship and the Shiromoni Gurdwara Parbandhak Committee was appointed the sole trustee of the Burra Sikh Sangat. Thereupon, the persons acting for this body claimed from Damodardas a sum of Rs. 10,000, and Damodardas said that he had already paid it to a certain attorney and that that payment was a good discharge to him. There was no contest that the sum of money had come to the hands of Damodardas as a trustee of the Burra Sikh Sangat. In these circumstances, the present suit was brought in 1924.