MASJID SHAHID GANJ MOSQUE Vs. SHIROMANI GURDWARA PARBANDHAK COMMITTEE

JUDGEMENT

(1.) BEFORE 1935 there had stood for many years to the south of what is now called the Naulakha Bazaar, in the city of Lahore, a structure having three domes and five arches, which had been built as a mosque (masjid) and which retained, notwithstanding considerable disrepair, sufficient of its original character to suggest, or even to proclaim, its original purpose. It had a projecting niche (mehrab) in the centre of the west wall such as is used in mosques as the place from which the imam leads the prayers. Its dedication is no longer in dispute, having been established as of the year 1134 A.H. or 1722 A.D. by the production and proof of a deed of dedication executed by one Falak Beg Khan. By this deed, Sheikh Din Mohammad and his descendants were appointed mutawalis.

(2.) THE deed speaks of a school, a well and an orchard as being among the appurtenancies of the mosque and givea the total area of the dedicated property as three kanals and fifteen marlas; but it is not now necessary to ascertain with precision the limits of the original curtilage.

(3.) IN 1925 the Sikh Gurdwaras Act (Punjab Act VIII of 1925) was passed for the purpose of ascertaining what Sikh shrines were in existence and what property they owned; and of vesting the management of such shrines in certain committees (and other bodies). This step had become necessary to bring to an end disturbances which had been caused by disagreement between different schools or sects among the Sikhs. On December 22, 1927, by a Government notification the old mosque building and land adjacent thereto was included as belonging to the Sikh gurdwara " Shahid Ganj Bhai Taru Singh." Seventeen claims were made by various petitioners to have rights therein. One dated March 8, 1928, was by Mahant Hamam Singh and others to the effect that the property belonged to them personally and not to the institution of which they were the head. Another dated March 16, 1928, was by the Anju-man Islamia of the Punjab " on behalf of the Mohammedans " claiming that the land and property were dedicated for a mosque and did not belong to the gurdwara. Both sets of claimants failed before the Sikh Gurdwaras Tribunal which decided on January 20, 1930, that the mahants' possession had been held on account of the gurdwara and that the Anjuman's case failed by reason of adverse possession and previous decisions. No appeal was brought by the Anjuman from the latter decision but against the former an appeal brought by the mahants was dismissed by the High Court on October 19, 1934. IN the result the property and building were given into the custody of the defendants, and on the night of July 7, 1935, the building was suddenly demolished by or with the connivance of its Sikh custodians under the influence of com-munal ill-feeling. Riots and disorder ensued and much resentment was felt and expressed by the Muslims.