SHIV RATTAN DEO SINGH Vs. SHIRCMANI GURDWARA PARBANDHAK COMMITTEE, AMRITSAR AND OTHERS
HIGH COURT OF PUNJAB AND HARYANA
Shiv Rattan Deo Singh
Shircmani Gurdwara Parbandhak Committee, Amritsar And Others
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Kapur, J. -
(1.) THIS is a Letters Patent appeal under Cl. 10 of the Letters Patent against the judgment of Abdul Rashid J., and relates to Bunga Raja Dhian Singh, which was founded by Raja Dhian Singh, the great -grandfather of the appellant, Raja Shiv Rattan Deo Singh. A notification under S. 3 (2), Sikh Gurdwaras Act, hereinafter called the Act, claiming the property now in dispute to belong to Siri Har Mandir Sahib was issued on 19th December 1927. Three application under S. 5 (1) claiming the Bunga to be private property were filed -one on 4th March 1928, by the present appellant which was No. 1606, another by Nikka Singh (No. 1604) and the third by Suchet Singh (NO. 1605). These were referred to the Tribunal and the Shiromani Gurdwara Parbandhak Committee and the Committee of Management were impleaded as respondents misnamed objectors.
(2.) ON 16th May 1933, Nikka Singh withdrew his petition in favour of the present appellant. On 27th May 1933, the Raja and the Committee of Management entered into a compromise, which provided as follows:
(1) The local Gurdwara Parbandhak Committee at Amritsar through their duly authorised representatives admit that the Bunga known as 'The Bunga Raja Dhian Singh' and the shops attached thereto are the property of Sri Raja Sahib Bahadur of Poonch.
(2) The Bunga excluding the shops is wakf for the use of the pilgrims visiting the Darbar Sahib, preference being given to those coming from Poonch, but Darbar Sahib, Amritsar, is not the owner of the Bunga. The income from the shops will be spent in the interests of the Bunga
(3) The management of the Bunga connected with the accommodation of the pilgrims, the cleanliness, watch and ward of the Bunga and the recitation of Granth Sahib would be with the L. G. P. C. and S. G. P. C., Amritsar, through a Bungai, whose appointment and dismissal will rest with the said Committee subject to the previous consent in writing of Sri Raja Sahib Bahadur of Poonch.
(4) The Bungai so appointed shall be under the supervision of the Committee and shall daily open and recite Granth Sahib in the Bunga. If the said Bungai interferes in any way in the interest of the Raja Sahib Bahadur connected with the Bunga, the S. G. P. C. will on getting the information from Sri Raja Sahib Bahadur appoint another Bungai.
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(8) The letting out of the shops attached to the Bunga by public auction and the ejectment of the tenants will rest with Sri Raja Sahib Bahadur or his authorised Agent. Any tenant found undesirable by the Committee will, on requisition by the latter, be changed by the agent. The rent of the shops will be collected by Shri Raja Sahib Bahadur's Agent at Amritsar.
Clause 9 provided for the payment of Rs. 40 per mensem by the Raja Sahib for expenses inclusive of Bungai's pay:
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(12) In case of any breach of any of the above said terms by either parties the matter will be referred to the Courts.
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(3.) THIS is signed by the Agent of the Raja Sahib and by S. Jowahar Singh, President, Local Parbandhak Committee. This was filed in Court on 31st May 1933, and on 7th June 1933, a decree was passed by the Tribunal declaring that His Highness the Raja of Poonch was the owner of the Bunga in dispute subject to the terms of the compromise (copy attached). On the same day Suchet Singh's petition was dismissed.;
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