1983 of 1970 From Judgment and Decree dated 29 7 69 of the Punjab Haryana High Court in F.A.O. No.
On behalf of the respondent, Hardev Singh, RW 1, Bachan Singh, RW 2, Balbir Singh, RW 3, Balwant Singh, RW 4, Hazura Singh, RW 5, and Gurdial Singh, RW 6, were examined as witness.
The institution was the Dera of Udasi Bhekh and the objects of worship are idols of Gola Sahib and of Baba Srichand, and the various samadhs.
The petition was resisted by the respondent Shiromani Gurdwara Prabandhak Committee on three grounds 1 that the appellant was number companypetent to move the petition under s.7 of the Act because he was number a hereditary office holder, 2 that the provisions of the Act are number ultra vires the Constitution, and 3 that the institution in dispute was a Sikh Gurdwara.
On the pleadings of the parties the Tribunal framed three issues whether the provisions of the Act are ultra vires the Constitution, 2 whether the appellant was a hereditary office holder, and 3 whether the institution in dispute was a Sikh Guradwara.
On behalf of the appellant Ram Saran Dass, P W 1, Charan Dass, PW 2, Bishan Dass, PW 3, Jagraj Singh, PW 4, Chajju Ram, PW 5, Zora Singh Patwari, PW 6, Surjit Singh, PW 7 and the appellant, PW 8, were examined.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
M. Phadke and Harbans Singh for the respondent.
Upon this the appellant made an application under ss.
The State Government numberified the said application in the Punjab Gazette in terms of s. 7 3 of the Act on 18th October, 1963.
The Judgment of the companyrt was delivered by MISRA, J. The present appeal by special leave is directed against the judgment and order dated 29th July, 1969 of the High Court of Punjab and Haryana at Chandigarh.
Naunit Lal, K. Vasdev and Ms. V. Grover for the appellant.
This statement was elicited in cross examination made by the respondent.
Sixty five persons claiming to be members of the Sikh companymunity moved an application before the State Government under s. 7 1 of the Sikh Gurdwara Act, 1925 hereinafter referred to as the Act , as amended by the Amendment Act I of 1959, to have the institution declared to be a Sikh Gurdwara.
This village was previously in the erstwhile Nabha State which merged with Pepsu and after the reorganisation of the States, became a part of the Punjab State in 1956.
The dispute in this appeal centres around a religious institution in village Ramgarh also known a Bhagtuana , tehsil Faridkot, district Bhatinda.
35/66.
