SHIV RATTAN DEO SINGH Vs. SHIRCMANI GURDWARA PARBANDHAK COMMITTEE, AMRITSAR AND OTHERS

JUDGEMENT

(1.) THIS is a Letters Patent appeal under Cl. 10 of the Letters Patent against the judgment of Abdul Rashid J., and relates to Bunga Raja Dhian Singh, which was founded by Raja Dhian Singh, the great -grandfather of the appellant, Raja Shiv Rattan Deo Singh. A notification under S. 3 (2), Sikh Gurdwaras Act, hereinafter called the Act, claiming the property now in dispute to belong to Siri Har Mandir Sahib was issued on 19th December 1927. Three application under S. 5 (1) claiming the Bunga to be private property were filed -one on 4th March 1928, by the present appellant which was No. 1606, another by Nikka Singh (No. 1604) and the third by Suchet Singh (NO. 1605). These were referred to the Tribunal and the Shiromani Gurdwara Parbandhak Committee and the Committee of Management were impleaded as respondents misnamed objectors.

(2.) ON 16th May 1933, Nikka Singh withdrew his petition in favour of the present appellant. On 27th May 1933, the Raja and the Committee of Management entered into a compromise, which provided as follows:

(3.) THIS is signed by the Agent of the Raja Sahib and by S. Jowahar Singh, President, Local Parbandhak Committee. This was filed in Court on 31st May 1933, and on 7th June 1933, a decree was passed by the Tribunal declaring that His Highness the Raja of Poonch was the owner of the Bunga in dispute subject to the terms of the compromise (copy attached). On the same day Suchet Singh's petition was dismissed.