Punchhi, J. - (1.) This appeal has arisen from the judgment order dated August 10, 1978 passed by a Division Bench of Punjab and Haryana High Court at Chandigarh in Regular First Appeal No. 252 of 1963.
(2.) The appellant, Shiromani Gurudwara Prabandhak Committee, Amritsar, (hereinafter referred to as SGPC) is a product of the Sikh Gurdwara Act, 1925, (hereinafter referred to as the Act)- The State Government of Punjab received a petition under Section 7(1) of the Act from Sikh worshippers of a Gurudwara, numbering more than 50, qualified residence-wise to so apply, praying for the Gurudwara to be declared a Sikh Gurudwara. As per requirement of sub-section (2) of Section 7 of the Act, the name of the Gurudwara given was Gurudwara Sahib Bara situated in the revenue estate of village Balian, Tehsil and District Sangrur. A list of properties said to be belonging to the Gurudwara was also given, besides the names of the persons who were in possession of those properties. As required, under sub-section (3) of Section 7, publication of the petition under Section 7(1) and the list of the properties provided under Section 7(2) were notified on 1-11-1960 and notices under Section 7(4) were sent to the persons in possession of the properties, said to belong to the Gurudwara.
(3.) The respondent Mihan Singh (now dead and represented) moved a petition under Section 8 of the Act before the State Government claiming that the said Gurudwara was not a Sikh Gurudwara, and that he was a hereditary office holder of the institution. The objection under Section 8 of the Act was forwarded to the Sikh Gurudwara Tribunal constituted under Section 12 of the Act for decision. The Tribunal, thereafter, conducted a civil trial declaring on 7-4-63 that the institution was a Sikh Gurudwara, dismissing the objection-petition preferred by Mihan Singh. On reappriciation of evidence in appeal, the High Court allowed the objection of Mihan Singh rejecting the claim set up for declaring the institution to be a Sikh Gurudwara. The effort in this appeal is to have the order of the Tribunal restored.;