Mahant Jawala Singh(Dead) By Lrs vs The Shiromani Gurdwara Prabhandak ...

4. All the petitions were forwarded by the State Government to the Tribunal constituted under Section 14(1) of the Act. The Tribunal issued notices to all the persons who originally moved the State Government under Section 7(1) but none of them appeared to contest the petitions filed under Section 8. Respondent - Shiromani Gurdwara Prabandhak Committee got itself impleaded as party to the proceedings pending before the Tribunal and filed written statement questioning the very maintainability of the petition filed by the appellant on the ground that he was not a hereditary office-holder and the petition does not disclose the custom relating to devolution of Mahantship in this Gurdwara. In paragraph 3 of the reply, the following averments were made:

6. On 2.3.1965, Shri Charan Singh, Advocate appearing on behalf of the respondent stated that he does not want to contest the status of the 5 appellant to file petition under Section 8 of the Act as a hereditary office- holder because there are two other petitions to be decided on merits. Accordingly, the preliminary issue was decided in favour of the appellant.

7. On the same day i.e., 2.3.1965, an application was filed on behalf of the respondent for amendment of the written statement by substituting the original paragraph 3 with the following:

The amended written statement was also filed along with the application for amendment.

11. The Tribunal then considered the question whether the institution could be treated as a Sikh Gurdwara under Section 16(2) (iii) of the Act, analysed the oral and documentary evidence produced by the parties and 7 held that the institution is a Sikh Gurdwara. For recording this conclusion, the Tribunal mainly relied on the entries contained in the revenue records i.e. Exhibit R-1 (Khatauni of village Jalal), Exhibit R-2 (copy of Jamabandi pertaining to years 1981-85 BK), Exhibits R-3 and R-4 (certified copies of Jamabandies for the year 2000-2001), Exhibit R-5 (certified copy of an extract from the register of Muafi and Pensions pertaining to village Jalal), Exhibit R-7 (copy of the revised entries from the register of Muafi of village Jalal), Exhibit R-6 (certified copy of the pedigree table of village Jalal), Exhibits R-8 and R-9 (certified copies of the statements of Bhaktawar Singh Lambardar and Mahant Bishan Singh recorded on 9.11.1985 BK in Muafi File No.9), Exhibit R-14 (attested copy of an application made by Dial Singh Lambardar and some other proprietors of village Jalal dated 12, Bhadon, Sammat 1941 from file No.192 decided on 11 Asuj, 1941 (1884 A.D.), Exhibit R-18 (copy of the Jamabandi for the year 1969-70 A.D.) and observed:

(emphasis supplied) The Division Bench then referred to the statement of Dogar Singh Lamberdar of Patti Suleman, which was recorded on 23rd Asuj Samvat 1956, statement of another Lamberdar of village Jalal, namely, Bakhtawar Singh, which was recorded on 8th November, 1985 Bk. and statement of Bishan Singh, an office-holder of the institution recorded on 8th November, 1985 Bk. and proceeded to observe:

(emphasis supplied)

(emphasis supplied) 40

31. In the light of the propositions laid down in the aforementioned judgments, we shall now consider whether the declaration made by the Tribunal that the institution in question is a Sikh Gurdwara was legally correct and the High Court did not commit any error by confirming the order of the Tribunal.

40. In the result, the appeal is allowed. The impugned judgment as also the order passed by the Tribunal are set aside. As a sequel to this, the declaration made by the Tribunal that the institution in question is a Sikh Gurdwara is also set aside. The parties are left to bear their own costs.