HARBANS SINGH Vs. SANT HARI SINGH
LAWS(SC)-2009-1-57
SUPREME COURT OF INDIA
Decided on January 13,2009

HARBANS SINGH Appellant
VERSUS
SANT HAH SINGH Respondents

JUDGEMENT

- (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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