Judgment

WANCHOO, J. : The suit out of which the present appeal arises has had a chequered history. It was filed as far back as June 1943, the plaintiff being S. Balwant Singh thereinafter referred to as the respondent). The main defendants were Kesar Singh and Jaswant Singh of whom Kesar Singh will be referred to as the appellant hereinafter. The suit was with respect to a house known as bunga Maharaja Sher Singh which is situate outside the tank around Sri Harmandir Saheb (hereinafter referred to as the Golden Temple) in Amritsar. The case of the respondent was that he and his uncle who was made a defendant to the suit were managers of this bunga which was wakf property and that they and their ancestors had been in possession of it throughout. There were proceedings before the Sikh Gurdwaras Tribunal established under the Sikh Gurdwaras Act No. VIII of 1925 (hereinafter referred to as the Act) in 1933 with respect to this bunga. The proceedings arose because a claim was put forward that the bunga was the property of the Golden Temple. In those proceedings the appellant and the other defendant claimed the bunga. The respondent also made a claim to the bunga. The proceedings were al