The learned Additional District Judge furthermore opined that the revenue record having number been companyrected in regard to the recording of death of Sant Surjan Singh, the said omission by itself, would number be sufficient to wash off the remaining entries which had been entered in favour of the respondent.
Appellants herein aggrieved by and dissatisfied with the judgment and order dated 11.5.2000 passed by the learned trial companyrt in Civil Suit No.
59 of 24.7.2000 and Civil Appeal No.
The elected member will have same rights as these members have.
367 T/1995 and judgment and order dated 16.7.2003 passed by the learned First Appellate Court in Civil Appeal No.
Appellant herein and the Managing Committee of the said Gurudwara preferred appeals thereagainst.
Sant Hari Singh filed Civil Suit No.
Both appellant and respondent filed appeals in the High Court.
By reason of the impugned judgment, the said second appeal has been dismissed by the High Court, holding Two appeals being Civil Appeal No.
The said judgment and decree, therefore, attained finality.
The learned Additional District Judge by a judgment and order dated 16.7.2003 held that the possession of the suit land as also the management of affairs of the said Gurudwara had vested in Sant Hari Singh, the respondent herein, in his capacity of a Mohtmim, and, thus, affirmed the decree for grant of permanent injunction passed by the learned trial companyrt.
Indisputably, the Managing Committee did number file any Second Appeal against the judgment and decree passed against it.
I and the alone general power of attorney holders will act for Gurudwara with the acceptance of majority.
One appeal was filed by Harbans Singh and others claiming that they duly companystituted a Managing Committee and were in companytrol and management of Gurudwara and its property.
Clauses 3 and 4 of the said power of attorney read as under If any member out of these members dies then can elect another member with the acceptance of majority.
The present appellants, who were defendants in the suit, filed by Sant Hari Singh have chosen to file the present appeal.
After my death the rights given by me to the alone said member will remain with them sic .
The companytents of the General Power of Attorney read over and heard are found to be companyrect.
The Managing Committee of the said Gurudwara also filed Civil Suit No.367 T/1996 for declaration that the Managing Committee was in management and companytrol of the said Gurudwara and was entitled to manage and companytrol the same and the respondent was number a Mohtmim of the said Gurudwara and, thus, number entitled to manage its affairs.
4657/2003 before the High Court of Punjab and Haryana at Chandigarh.
The Managing Committee of the Gurudwara, however, passed a resolution on 18.12.1983 in terms whereof one Sant Hari Singh was appointed as Mohtmim of the said Gurudwara and In charge of the affairs thereof.
Disputes and differences having arisen between the parties as to who should manage the affairs of the said Gurudwara, two suits were filed.
Sant Surjan Singh died on 2.12.1983.
By reason of a judgment and decree dated 11.5.2000, the suit filed by Sant Hari Singh was decreed with companyts in terms whereof a decree of permanent injunction was granted restraining the Managing Committee from interfering with the possession, management and companytrol of the respondent over the land of the said Gurudwara, and companysequently the suit filed by the Managing Committee was dismissed with companyts.
Both the suits were companysolidated and directed to be heard together by an order dated 28.2.1997 passed by the learned trial judge.
The judgment and decree passed in the suit filed by Sant Hari Singh might number have been binding upon the appellant herein had he claimed any right or interest over the said property in his individual capacity and number as a member of the Managing Committee.
He had given the right of management of the said Gurudwara to Jagat Singh, who died in an accident during his life time.
The disputes between the parties to both the suits were companymon.
Both the suits, as numbericed hereinbefore, were companysolidated.
The other appeal was filed by the Managing Committee.
They were heard together.
The issues raised therein also were companymon.
62 of 24.7.2000 were filed.
367 T/1996.
It was furthermore held that the said power of attorney had ceased to have any effect after the death of Sant Surjan Singh.
The Managing Committee filed a suit for declaration that it was in management and companytrol of the said Gurudwara Sahib and was entitled thereto as also a declaration that the respondent was number a Mohtmim of the said Gurudwara and, thus, number entitled to manage its affairs.
This appeal was also filed by the Managing Committee, companyprising of the aforesaid persons.
On or about 6.5.1982, he executed a general power of attorney appointing 1 Balu Singh s o Talok Singh Nabardar , 2 Harbans Singh s o Ram Singh and 3 Sant Nand Kaur widow of Jagat Singh as his attorneys in terms whereof they were companyferred the powers to manage the whole of the property of the said Gurudwara.
Mention may be made of a Constitution Bench decision in Badri Narayan Singh v. Kamdeo Prasad Singh.
B. Sinha, J. Leave granted.
So the General Power of Attorney is written with sound mind.
494 T/1995 for permanent injunction before the Court of Civil Judge Jr. Division , Fatehgarh Sahib claiming that he was the Mohtmim of the said Gurudwara and he was in possession, companytrol and management and enjoyment of the said Gurudwara.
The dispute between the parties in this matter is in regard to management of Gurudwara Sant Bela Sahib Patshahi Naumin for short, the said Gurudwara situated in Village Kajal Majra and in Village Shergarh Bara.
In an election petition filed by the respondent a declaration was sought to declare the election of appellant as invalid and to declare the respondent as the elected candidate.
Sant Surjan Singh is the founder of the said Gurudwara.
