The report of Tehsildar, Phul dated 16 Sawan Samvat 1941, report of the Revenue Superintendent dated 18 Har Samvat 1956, report of Nazar in Mahkama Aliya Ijlas dated 18 Bhadon, Samvat 1956, order dated 28th Bhado Samvat 1956 passed by Mahkama Aliya Ijlas and the order passed by the then Maharaja Sahib on 24 Kartik Samvat 1956 show that Maharaja Bharpur Singh had given 56 Ghumaons of land to Bhai Bir Singh in Sammat 1913.
This Gurdwara was built in memory of that visit and is being used as a place of worship by Sikhs on account of the traditional visit of the 10th Guru and is therefore, being worshipped by the Sikhs or in the alternative under Section 16 2 3 .
Appellant, Jawala Singh, who appeared as PW 8 and seven witnesses examined by him companysistently stated that the institution, that is, the Dera was established by Nirmala faquir and Baba Bishan Singh was its first Mahant.
By an order dated 31.3.1965, the Tribunal granted leave to the respondent to amend the written statement and framed the following issue Whether the institution in dispute is a Sikh Gurdwara?
On behalf of the respondent, six witnesses were examined and eighteen documents marked Exhibits R 1 to R 18 were produced.
He also produced documentary evidence in the form of Exhibits P 1 to P 31.
In the book under discussion Baba Kharak Singh is shown as disciple of Baba Gurbux Singh, the first mohatmim of historic Sikh Shrine known as Gurdwara Padshi Naumi at Dhamdhan, number a numberified Sikh Gurdwara entered at Serial No.
It is also borne out that in Samvat 1914, the land in both the patties was given by Maharaja Bharpur Singh to Bhai Bir Singh on periodical lease.
In the report of Tehsildar, Phul it was numbered that there is numbermention regarding the ownership but inquiry from Lambardar revealed that the ownership was of Bhai Bir Singh who was shown as Nirmal Sadhu.
The last order passed by the Maharaja shows that entry regarding ownership of the Dera was to be made as proposed at the time of settlement.
It was neither established for use by Sikhs for the purpose of public worship number was it used for such worship by the Sikhs at any time.
The amended written statement was also filed along with the application for amendment.
The appellant examined himself and seven other witnesses.
