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2009 Supreme(SC) 44

S.B.SINHA, MUKUNDAKAM SHARMA
Harbans Singh – Appellant
Versus
Sant Hari Singh – Respondent


Advocates appeared:
For the Appellant :B.S. Chahar, Sr. Adv., Sanjeev V.K. Pabbi Ms. Shikha Roy pabbi, Pradeep Kumar Dahiya, Ajit Kumar, S.K. Sabharwal, P.N. Puri, Advocates.
For the Respondents:P.S. Patwalia, Sr. Adv., Tushar Bakshi, D.K. Tripathi and Jagjit Singh Chhabra, Advocates.

JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. The dispute between the parties in this matter is in regard to management of Gurudwara Sant Bela Sahib Patshahi Naumin (for short, “the said Gurudwara”) situated in Village Kajal Majra and in Village Shergarh Bara. Sant Surjan Singh is the founder of the said Gurudwara. He had given the right of management of the said Gurudwara to Jagat Singh, who died in an accident during his life time. On or about 6.5.1982, he executed a general power of attorney appointing (1) Balu Singh s/o Talok Singh (Nabardar), (2) Harbans Singh s/o Ram Singh; and (3) Sant Nand Kaur widow of Jagat Singh as his attorneys in terms whereof they were conferred the powers to manage the whole of the property of the said Gurudwara.

Clauses (3) and (4) of the said power of attorney read as under:

“(3) If any member out of these members dies then can elect another member with the acceptance of majority. The elected member will have same rights as these members have. I and the alone general power of attorney holders will act for Gurudwara with the acceptance of majority.

(4) After my death the rights given by me to the alone said member will remain with them (sic). The c



























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