HEM SINGH Vs. BASANT DAS

JUDGEMENT

(1.) These three appeals concern a religious institution in Manak in the Lahore district, and the buildings, lands and other property belonging thereto. The first appeal No. 10, is brought by the plaintiffs in a suit under S. 92, Civil PC, to remove the defendant Basant Das from the office of mahant or custodian of the institution upon the grounds of misconduct and mismanagement. The learned Subordinate Judge found for the plaintiffs and made an order removing Basant Das and appointing another custodian. The High Court at Lahore set aside this decree and dismissed the suit. No question or difficulty arises as to the competence of this appeal, but the defendant, Basant Das, having died since the High Court's decree, the appeal has not been pressed.

(2.) Appeals Nos. 108 and 109 are brought from two decrees of the High Court reversing the decision of a tribunal appointed under the Sikh Gurdwaras Act, 1925, (Punjab Act 8 of 1925). The tribunal had inquired under S. 16 of the Act whether the institution in suit should or should not be declared to be a Sikh Gurdwara and by a majority had decided in the affirmative. Two appeals were brought from this decision to the High Court by different sets of persons interested in preventing the institution from being dealt with as a Sikh Gurdwara under the Act. The High Court by two decrees, dated 13 January 1931, allowed these appeals, set aside the majority decision of the tribunal, and made a declaration that the institution in suit is not a Sikh Gurdwara within the meaning of the Sikh Gurdwaras Act.

(3.) Upon application made to the High Court for a certificate that the cases were fit to be taken on appeal to His Majesty in Council, the learned Judges of the High Court delivered judgments by which they appear to have held that S. 110 of the Code did not apply to the cases but that a certificate could be given under what they described as the latter portion of Cl. 29, Letters Patent, of the Lahore High Court, referring apparently to the words "or from any other final judgment, decree or order made either on appeal or otherwise as aforesaid when the said High Court declares that the case is a fit one for appeal to us, & c." They followed up this judgment, however, by signing a certificate in which it was certified ''that the case above set forth fulfils in our opinion the requirements of S. 110, Civil PC, Act V of 1908, as regards value and nature and is fit for appeal to His Majesty in Council." From these proceedings their Lordships have some difficulty in ascertaining the exact provision of law under which the learned Judges intended to act. It would appear however that whether or not they were satisfied that the amount or value of the subject-matter exceeded Rs. 10,000, they were of opinion that the case was otherwise a fit and proper case to be taken on appeal to His Majesty.