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2004 Supreme(P&H) 877

HEMANT GUPTA
Mahant Pritam Singh Chela Of Mahant Basant Singh – Appellant
Versus
Gurdwara Sahib Patashahi Naumi – Respondent


Judgment

Hemant Gupta, J.

1. Vide Punjab Government notification dated 10.7.1959, Gurdwara Sahib Patashai Naumi was declared to be Sikh Gurdwara. Vide notification dated 22.3.1960, in terms of the provisions of Section 3(2) of the Sikh Gurdwara Act, 1925 (hereinafter referred to as the Act), a consolidated list of rights, title and interest was issued in respect of rights, title and interest vesting with Gurdwara Parbandhak Committee, Amritsar in respect of the said Gurdwara.

2. One Mahant Basant Singh made a petition before the State Government and claimed ownership of the properties mentioned in the consolidated list. The same were referred to Sikh Gurdwara Tribunal under Section 14 of the Act. The said petition was dismissed by the Tribunal on 18.12.1962. The Tribunal declared that the Gurdwara Sahib Patashai Naumi entered at No. 343 of Schedule-I annexed to the Act was the owner of the whole land as also of the muafi land, respectively, entered in para 2 and 3 of the consolidated list. Mahant Basant Singh filed an appeal against the order passed by the Tribunal before this Court. The appeal was dismissed on 27.2.1973. Thus, the plaintiff claimed that he has become entitled to cl



















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