S.P.KURDUKAR, S.S.M.QUADRI
Mamo – Appellant
Versus
Committee Of Management Gurdwara Sahib – Respondent
Judgment
Syed Shah Mohammed Quadri, J. -The judgment and decree under challenge in this appeal, by special leave, were passed in Second Appeal No. 1044 of 1978 by the High Court of Punjab & Haryana, Chandigarh, on December 16, 1987. The appeal arises out of the suit filed by respondent No. 1 (referred to this judgment as ‘the plaintiff’) against the appellants and respondent Nos. 2 to 4 who are the legal representatives of one Pritam Singh (referred to in this judgment as ‘the defendants’) for recovery of possession of agricultural land measuring 160 Kanals 16 Marlas situated at village Balbehra tehsil, district Patiala (hereinafter referred to as ‘the suit land’).
2. On April 22, 1969, the suit was filed on the basis of title of the plaintiff. The suit land originally belonged to one Ram Singh who gifted the same in favour of Gurdawara Sahib in 1951 while it was being held by Pritam Singh as a mortgagee. Later, the mortgage was redeemed by Ram Singh and the suit land was mutated in the revenue records in the name of Gurdwara Sahib but it continued in the possession of Pritam Singh. After declaration of Gurdwara as a Sikh Gurdwara, Shiromani Gurdwara Prabandhak Committee, Amrit
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