JUDGMENT

M. Jagannadha Rao, J.-Leave granted in Special Leave Petition (C) No. 12083 of 1984.

2. The Civil Appeal No. 1921 of 1984 has been preferred by the appellants against the judgment of the High Court of Punjab and Haryana in FAO No. 170 of 1972 dated 2.6.1982. The High Court, by the said judgment, confirmed the Award of the Sikh Gurudwara Tribunal, Punjab dated 20.1.1972 in Petition No. 143 of 1963 whereby the claim of the appellants being successors of one Bhai Arjan Singh filed under Section 5(1) of the Sikh Gurudwaras Act, 1925 (hereinafter called the Act ) was partly allowed and partly dismissed.

3. The Civil appeal arising out of SLP (C) No. 12083 of 1984 is filed against the order dated 10.7.1984 in FAO No. 44/75 and that relates to possession under Section 25 of the Act. It is admitted that it depends solely on the result of CA No. 1921 of 1984.

4. The Gurudwara Sahib Padshahi Chhemi was declared to be a Sikh Gurudwara, under the notification of the Punjab Government No. 1211 dated 20.7.59 and figures at Serial No. 325 in Schedule I of the Act. Thereafter, by notification No. 162 Y.P. dated 19.1.1962, issued under Section 3(2) of the Act, the list of rights, titles and interests were claimed as belonging to the Gurudwara. That notification contains a list of agricultural lands and other properties claimed by the Gurudwara. After the said notification was published, Bhai Arjan Singh (since deceased) put forward his claim by petition under Section 5(1) of the Act. The petition was forwarded to the Tribunal constituted under the Act. The Tribunal after conducting an inquiry and receiving evidence, allowed it in part in respect of some properties and dismissed the petition in other respects.

5. In the petition, the said Bhai Arjan Singh contended that one half of the land mentioned in Part No. 2 (pp. 212, 214) of Notification No. 162 dated 19.1.62, entered in the revenue record in the name of Langar Ji Sahib, was owned by Sri Arjan Singh as trustee for the Langar, (the kitchen) while the other half was owned personally by him and Kartar Singh etc., according to shares specified in the Jamabandi. He contended that no part of this land standing in the name of the Langar belonged to the Gurudwara. The other contention was that in the Maufi in Part 3 of the Notification and in the Langar in Part No. 4, the Gurudwara had no rights (except in the Diwan Khana). It was further contended that the property mentioned in Para I-A of the Petition was donated by the petitioner s ancestors for the use of the Langar for members of "all communities" and that he and his ancestors were functioning as hereditary trustees. One half of the land which was in the name of the Langar Ji Saheb in the revenue record was set apart for running the Langar for the use and benefit of all and Sundry and that the Langar was not constructed for the benefit of the Sikh Community alone. The major portion of the property described as Langar comprised of the residential house, Bare and Khras owned and possessed by the petitioner, though the Langar was also being run in a portion of it. The petition traced his ancestry to Bhai Rup Chand who founded the village Bhai Rupa but contended that neither the petitioner nor his ancestors were ever Mahants of the Gurudwara. The Gurudwara was having a separate Mahant or Granthi. The petitioner, as trustee of the Langar, acquired title to the land. The Gurudwara and the Langar were separate entities. The Gurudwara never exercised any control over the Langar. The petitioner, Bhai Arjan Singh, therefore, prayed that the properties in Parts 2, 3 and 4 (excepting the Diwan Khana in Part 4) be declared as not belonging to the Gurudwara.

6. The Gurudwara, filed a written statement on behalf of the respondent Committee on 8.4.63, denying the above allegations and contending that all the properties-whether recorded in revenue accounts in the name of the Langar or in the names of the sharers, belonged to the Gurudwara, that the peti