Srinivasan, J. - (1.) Leave granted.
(2.) This proceeding had its origin in an application by 60 persons claiming to be worshippers of Gurudwara Dera Lang Shri Guru Granth Sahib situate within the revenue estate of village Sardargarh, Tehsil and District Bhatinda under Section 7(1) of the Sikh Gurudwaras Act 1925 (hereinafter to be referred to as the 'Act'). Under the provisions of sub-section (8) of Section 7 of the Act, the Governor of Punjab issued a Notification No. 1301-GP dated 7th August, 1994 published in the Government gazette along with a list of rights, titles and interests in properties said to belong to the said Gurudwara. One Mahant Puran Dass filed a petition under Section 8 of the Act with the State Government which was forwarded under Section 14 (1) of the Act to the Sikh Gurudwaras Tribunal, Punjab at Chandigarh. Mahant Puran Dass claimed that the institution was not a Sikh Gurudwara but it was a Dera of Udasi sadhus. The Tribunal impleaded the appellant herein as party respondent in the said petition. Evidence was adduced by both the parties. The Tribunal held that Mahant Puran Dass was not a hereditary office holder and had no locus standi to maintain a petition under Section 8. The Tribunal also held that the institution in question is a Sikh Gurudwara within the ambit of Section 16 (2) (iii) of the Act.
(3.) Aggrieved thereby, Mahant Puran Dass filed an appeal under Section 34 of the Act before the High Court of Punjab and Haryana. As per the requirement of the said Section the appeal was heard by two learned Judges of the Court. One of them, namely, Justice K. S. Tiwana agreed with the Tribunal and held against the appellant. The other learned Judge, namely, Justice Yadav took a contrary view and held that the appellant in the High Court was a hereditary office holder and that the Institution in question was not a sikh gurudwara. In view of the difference of opinion, the case was referred to a third Judge. Justice J. V. Gupta concurred with the opinion expressed by Justice Yadav and held that the appeal should be allowed. Consequently the appeal was allowed and the order of the Tribunal was set aside. It should be mentioned here that during the pendency of the said appeal, Mahant Puran Dass died and in his place Mahant Bhagwant Dass who was his chela came on record as legal representative.;