R.C.KATHURIA, J. - (1.) THIS appeal under Section 34 of the Sikh Gurdwara Act, 1925 (hereinafter referred to as 'the Act of 1925') is directed against the order dated 26.10.1973 of the Sikh Gurdwara Tribunal Punjab at Chandigarh (hereinafter referred to as 'the Tribunal') whereby by majority judgment (rendered by Hon'ble Mr. Justice Gurdev Singh, President, and S. Joginder Singh Rekhi, Member), it had dismissed the petition filed under Section 8 of the Act of 1925 by Mahant Mangal Dass, who died during the pendency of the proceedings and is represented by Mahant Prem Dass as his legal representative.
(2.) ONE Hamir Singh and 57 others claiming themselves to be worshippers of the Institution known as "Gurdwara Sahib Gurdwara Bhagat Bhagwan" submitted a written application dated 10.2.1960 to the Punjab Government under Section 7 of the Act for getting it declared as Sikh Gurdwara. It was averred by them that 389 Bighas 10 Biswas of land and the buildings situated at Villages Ladda and at Dhuri also belong to the said Institution. Notification No. 1138-G.P. dated 9.6.1961 in terms of Section 7(3) of the Act was published in the Government gazette in this regard. Notice of the same was served on Mahant Mangal Dass on 6.7.1961 vide letter No. 557-G.P.-61-H.G. (Gurdwara) 1310 dated 30.6.1961. Mahant Mangal Dass Chela Mahant Bishan Das a hereditary office- holder moved a petition dated 25.2.1963 under Section 8 of the Act to the State Government of Punjab claiming that "Dera Bhagat Bhagwan" wrongly described as "Gurdwara Sahib, Gurdwara Bhagat Bhagwan" located at Revenue Estate Ladda, Tehsil Maler Kotla, District Sangrur is not a Sikh Gurdwara. His assertion is that "Dera Bhagat Bhagwan" is an Udasi Faqir Institution. After the death of Mahant Biswan Dass, he being his chela was appointed its Mahant in accordance with Udasi rites. For the last 42 years and till the date of filing of this petition he has been managing this Institution. With regard to the land measuring 32 Bighas 12 Biswas comprised in Khasra Khewat No. 303/496 and 497 detailed in the Jamabandi for the year 1958-59 situated at village Ladda and the house located at Dhuri town, he claimed the same to be his personal property and not that of "Dera Bhagat Bhagwan". His further stand is that most of the signatories of the petition allegedly moved by Hamir Singh and others who were arrayed in the petition as respondents, were fictitious persons and for that reason the notification issued under Section 7(1) of the Act by the State Government was illegal and invalid. The State Government in turn forwarded this application to the Tribunal for its adjudication under Section 14 of the Act. The Tribunal served notice of the petition bearing No. 164 of 1963 to Shiromani Gurdwara Prabandhak Committee, Amritsar (hereinafter referred to as 'SGPC') and other respondents in terms of the provisions of Section 15 of the Act. Hamir Singh and 57 other respondents did not contest the petition. While traversing the stand of the petitioner, SGPC justified the notification issued under Section 7(3) of the Act in its written statement dated 29.7.1963. It was pleaded that the Institution in question is a Sikh Gurdwara because it was established for the use of Sikhs and had been used as a Sikh place of public worship by the Sikhs all along in terms of the provisions of Section 16(2)(iii) of the Act. The additional stand taken in the written statement, which was allowed to be amended vide order dated 23.11.1964 of the Tribunal is that the Institution was established in the memory of Sikh Guru Bhagat Bhagwan. In order to defeat the claim of the petitioner the respondent further got the written statement amended to take the plea that the Institution in question is a Sikh Gurdwara because of the traditional visits of first and sixth Gurus to this place so as to bring the case within the purview of Section 16(2)(ii) of the Act. This amendment was allowed by the Tribunal vide its order dated 1.6.1964. On the above pleadings of the parties, the following issues were settled for decision by the Tribunal :- (1) Whether the petitioner is a hereditary office-holder ? (2) Whether the Institution is a Sikh Gurdwara under clauses (ii), (iii) and (iv) of Section 16(2) of the Act ?
(3.) ISSUE No. 1 was treated as preliminary and vide order dated 8.3.1965 was answered in favour of the petitioner. He was held to be a hereditary officer- holder. This order of the Tribunal was upheld by this Court vide order dated 26.10.1983. The Tribunal while dismissing the petition under Section 8 of the Act by majority judgment returned the following findings :- (i) SGPC had conceded that provisions of clause (ii) of sub-section (2) of Section 16 of the Act are not attracted to the facts of the present case and for that reason the claim was not pressed under this clause. Apart from that there was no material to establish that owing to the said traditions common with the 10th Guru the Institution was established for use by Sikhs for the purpose of public worship. (ii) This Institution was established for use by Sikhs for the purpose of worship and also at the time of the presentation of the petition in terms of provisions of sub-clause (iii) of sub-section (2) of Section 16 of the Act. (iii) Bhagat Bhagwan and his descendant Baba Surat Ram, who founded and established the Institution in dispute known as "Gurdwara Sahib Gurdwara Bhagat Bhagwan" located within the Revenue Estate Ladda, Tehsil Maler Kotla, District Sangrur were both Sikh Saints and that this 'Dera' was established by the latter in memory of Baba Bhagat Bhagwan, who was a Sikh Saint and a historical person within the purview of Section 16(2)(iv) of the Act. The other member of the Tribunal Shri A.L. Bahri (later on Hon'ble Judge of this Court), differed with the majority view and arrived at the following conclusions:- "From these established facts, it cannot be held that the Institution in dispute was being used as public place of worship by Sikhs at the time of issuing of the notification in the year 1961. On the other hand, the petitioner has successfully proved that the Institution was established by Surat Ram and that the Muafi was also granted in the name of Surat Ram and since times immemorial the Institution has been under the management of Udasi-Mahants, who have been described as such in the several documents referred to above and that succession to the office of Mahant has been from Guru to Chela and that the Moorti of Babi Siri Chand, ball of ashes and Smadhas are being whorshipped in the Institution. The mere fact that Guru Granth Sahib is also kept or recite(d) in this Institution would not make Udasi Institution a Sikh Gurdwara. Thus, I hold further that the respondent- SGPC has failed to prove that the Institution in dispute is a Sikh Gurdwara and that the Institution dispute as Udasi Institution." ;