JUDGEMENT
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(1.) Leave granted.
(2.) The dispute between the parties in this matter is in regard to
management of Gurudwara Sant Bela Sahib Patshahi Naumin (for short,
"the said Gurudwara") situated in Village Kajal Majra and in Village
Shergarh Bara. Sant Surjan Singh is the founder of the said Gurudwara. He
had given the right of management of the said Gurudwara to Jagat Singh,
who died in an accident during his life time. On or about 6.5.1982, he
executed a general power of attorney appointing (1) Balu Singh s/o Talok
Singh (Nabardar), (2) Harbans Singh s/o Ram Singh; and (3) Sant Nand
Kaur widow of Jagat Singh as his attorneys in terms whereof they were
conferred the powers to manage the whole of the property of the said
Gurudwara.
Clauses (3) and (4) of the said power of attorney read as under:
"(3) If any member out of these members dies
then can elect another member with the acceptance
of majority. The elected member will have same
rights as these members have. I and the alone
general power of attorney holders will act for
Gurudwara with the acceptance of majority.
(4) After my death the rights given by me to the
alone said member will remain with them (sic).
The contents of the General Power of Attorney
read over and heard are found to be correct. So
the General Power of Attorney is written with
sound mind."
(3.) Sant Surjan Singh died on 2.12.1983. The Managing Committee of
the Gurudwara, however, passed a resolution on 18.12.1983 in terms
whereof one Sant Hari Singh was appointed as Mohtmim of the said
Gurudwara and In-charge of the affairs thereof. Disputes and differences
having arisen between the parties as to who should manage the affairs of the
said Gurudwara, two suits were filed.;
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