Judgement

JAGANNADHADAS, J. : This is an appeal from the judgment of the High Court of Punjab by leave granted under Art. 133 of the Constitution read with Ss. 109 and 110 and O. 45, R. 2 Civil P. C. The appeal arises out of a suit filed in 1938 by the respondent herein, Raja Shiv Rattan Dev Sing, Raja of Poonch against (1) Shiromani Gurdwara Parbandhak Committee, Amritsar, (2) Local Gurdwara Parbandhak Committee of Sri Darbar Sahib, Amritsar, and (3) 57 Sikhs, for a declaration to the effect that a house known as Bunga Raja Dhian Singh in Amritsar and four shops appurtenant thereto, two of which are close to the Sikh Gurdwara, Sri Darbar Sahib, belong to him and are his private property and that they are not a Sikh Gurdwara.

The suit which was filed in 1938 was dismissed by the trial Court on certain preliminary issues and that dismissal was reversed on first appeal and the suit was remanded. On second appeal therefrom to the High Court the dismissal by the trial court was restored by a Single Judge in 1941 Against this there was a Letters Patent Appeal to a Bench.

That appeal was first heard by a Bench which, after hearing the matter and coming to some tentative conclusions, on the