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1936 Supreme(SC) 3

LORD ALNESS, SIR JOHN WALLIS, SIR GEORGE RANKIN
HEM SINGH – Appellant
Versus
BASANT DAS (SINCE DECEASED), – Respondent


Advocates:
Solicitors for appellants: Hy. S. L. Polak & Co.
Solicitors for first respondent in Appeal No. 108 of 1932, and for the respondents in Appeal No. 109 of 1932: Nehra and Co.

Judgme nt

Consolidated Appeals (Nos. 108 and 109 of 1932) from two decrees of the High Court (January 13, 1931) reversing a decree of the Sikh Gurdwara tribunal at Lahore (June 18, 1928).

A further appeal (No. 10 of 1932) was not pressed, the respondent having died since the date of the High Courts decree.

The question raised on these appeals was whether a religious institution at Manak, Lahore District, was a Sikh Gurdwara within the meaning of the Sikh Gurdwaras Act, 1925, as contended by the appellants, who claimed that they were entitled to its control and management.

The facts appear fully from the judgment of the Judicial Committee.

The Sikh Gurdwara tribunal (appointed under the Sikh Gurdwaras Act, 1925) decided by a majority that the institution should be declared to be a Sikh Gurdwara.

Appeals by the present respondents to the High Court (Broadway and Johnstone JJ.) were allowed. The learned judges held that (1.) Udasis cannot be classified as Sikhs for the purposes of the Sikh Gurdwaras Act, 1925 ; and (2.) the institution at Manak was not established for use by Sikhs for public worship, and was not, therefore, a Sikh Gurdwara within the meaning of the Act of 1925. The ap






























































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