D. P. Mohapatra, J. - (1.)In these appeals filed by special leave the Shiromani Gurdwara Prabhandhak Committee (for short 'SGPC'), Amritsar, has challenged the common judgment of the High Court of Punjab and Haryana in First Appeal from Order Nos. 160/76 and 389/79, filed by Mahant Lachhman Dass (dead) through Legal Representatives, respondents herein. In the said judgment the Full Bench of the High Court allowed the appeal by majority (S. P. Goyal and D. S. Tewatia, JJ.); reversed the judgment of the Tribunal and declared the Sri Guru Granth Sahib Udasi Dera as the owner of the properties in dispute; the third Judge (Surender Singh, J.) struck a discordant note and dismissed the appeals.
(2.)A resume of relevant facts necessary for appreciating the questions raised may be stated thus : Fifty-nine Sikh worshippers of Gurudwara Sahib Guru Granth Sahib situated within the revenue estate of vllage Landa, Tehsil Sirhind, District Patiala of the State of Punjab submitted a petition under S. 7(1) of the Sikh Gurdwaras Act, 1925 (Punjab Act No. 8 of 1925) (for short 'the Act') for declaring the said Gurdwara a Sikh Gurdwara. The State Government by the Notification No. 1480/GP dated 5-7-1963 issued under sub-section (3) of S. 7 of the Act declared the said Gurdwara as a Sikh Gurdwara enumerating therein the building and properties attached to the said Gurdwara which was claimed in the petition to belong to the said Gurdwara.
(3.)Mahant Lachhaman Dass (deceased), Chela Mahant Moti Ram of village Landa, Tehsil Sirhind, Distt. Patiala, submitted two petitions to the State Government, one under S. 8 of the Act claiming that the place being ascertained was not a Gurdwara and another under S. 10 of the Act claiming a right in certain properties included in the list published under sub-section (3) of S. 7 of the Act. The petition filed under S. 8 of the Act was dismissed by the Tribunal vide order dated 6-1-1972 with the finding that the Mahant was not a hereditary office holder of the institution in question and as such, had no locus standi to present any petition under S. 8 of the Act. That decision was affirmed by a Full Bench of the Punjab and Haryana High Court vide judgment dated 31-7-1975 in F.A.O. No. 137/72.