- (1.) The defendant has come up in appeal against the judgment and decree of the Sikh Gurdwaras Tribunal, Punjab,* Chandigarh (the Tribunal, for short) decreeing the suit of the plaintiff-respondent under Section 25-A of the Sikh Gurdwaras Act 1925 (the Act, for short) lot possession of the Gurdwara building and agricultural land measuring 96 Bighas, 8 Biswas composed in Khata No. 1 Khatauni Nos. 616, 668 to 670 and Khasra Nos., 1805, 1807, 1161, 1.171, 1857, 1860, 1862 to 1865, 1969 to 1872, 1.875 to 1977, 1861, 1213 and 1241 as per Jamabandi 2001-2002 B.K. situated in the revenue estate of village Dhada, Tehsil and District Bhatinda belonging to Sri Gurdwara Sahib Burjwala.
(2.) The facts :- Shri Gurdwara Sahib Burjwala situated in the revenue estate of Dhada, Tehsil and District Bhatinda was declared to be a notified Sikh Gurdwara by the Punjab Government, vide its notification No. 201-G.P., dated October 1, 1974 issued under Section 7(3) of the Act. The defendant appellant forwarded a petition under Section 10 of the Act to the State Government claiming right, title or interest in the properties mentioned in the consolidated list accompanying the notification under Section 7(3) of the Act. That petition was forwarded to the Tribunal for adjudication and vide order dated December 19, 1973, it dismissed the same as incompetent but held that the land mentioned in the notification was owned by the Gram Panchayat, but Gurdwara Sahib Burjwala was entitled to remain in possession as Dholidar without payment of any share. On December 20,1974, suit under Section 25-A of the Act was filed by Sikh Gurdwaras Parbandhak Committee, Amritsar (hereinafter the plaintiff committee) before the Tribunal for possession of the Gurdwara building as, well as land measuring 96 Bighas 8 Biswas. The appellant was arrayed as defendant in the suit and the suit was contested by it.
(3.) From the pleadings of the parties, the following issues were framed by the Tribunal 1. Is the suit within time OPP 2. Is the suit not maintainable OPD 3. Does the suit not lie because the property of the Gurdwara is already in possession of the Gurdwara and not in possession of the defendants OPD.;