Judgement

1940- 1941- IA - 68- 83

Appeal (No. 62 of 1939) from a decree of the High Court (July 16, 1936), which had reversed a majority decree of the Sikh Gurdwara Tribunal constituted under the Sikh Gurdwaras Act (Punjab Act VIII. of 1925) (November 18, 1935).

The following statement of facts is taken from the judgment of the Judicial Committee The dispute in this case related to an area of 28 kanals and 1 marla (nearly three acres) situated in the village of Kot Fateh Khan, in the Attock district of the Punjab. Within that area lay the tomb (samadh) of a Hindu ascetic, Baba Than Singh, who was said to have died in or about 1793. That tomb had long been held in veneration, and had become a Udasi shrine (dehri or deri) before the Punjab came under British rule. The tomb of his disciple, Chet Ram, lay near to that of Than Singh, but the religious institution was known as the Deri Baba Than Singh. It would appear to have been in enjoyment of one, if not two, jagirs or assignments of revenue dating from Sikh times. At its head there had been a long succession of mahants, and in the area now in question had lived the sadhus connected with the institution, as well as the mahant. A lang