JUDGMENT

DESAI, J.:—Whether a religious and or charitable institution situated in village Mahal Khurd, Tehsil Barnala of Sangrur District is a Sikh Gurdwara within the meaning of the expression in The Sikh Gurdwaras Act, 1925 (Act for short) is the subject-matter of controversy between the parties in this appeal by special leave.

2. 1984 about 56 persons residing in village Mahal Khurd and professing Sikh religion made an application to the Government of Punjab on December 23, 1960 requesting the Government to declare the institution more particularly described in the application as a Sikh Gurudwara. This application was published in, the Official Gazette whereupon Mahant Kirpa Ram, respondent No. 1 (respondent for short) filed objections under Section 8 of the Act contending that the institution was not a Sikh Gurudwara and that he was entitled to raise that contention because he was the holder of hereditary office of mahant of the institution.

3. The application was forwarded under Section 14 to the Sikh Gurdwara Tribunal set up under the Act. Upon rival contentions the Tribunal framed two issues as under:

"1. Is the petitioner a hereditary office holder of the Gurdwara?

2. Is the Gu