BHOPINDER SINGH DHILLON, HARBANS LAL, S.P.GOYAL
Mahant Jiwan Mukta Nand – Appellant
Versus
Shiromani Gurdwara Parbandhak Committee, Amritsar – Respondent
HARBANS LAL, J.
1. This first appeal by Mahant Budh Dass and Mahant Purna Nand against the judgment of the Sikh Gurdwara Tribunal Punjab, (hereinafter called the Tribunal), dated November 20, 1965, has been referred to the Full Bench in the following circumstances.
2. A notification No. 1598-GP dated August 11, 1961, was published, by the Punjab Government, u/s. 7 (3) of the Sikh Gurdwaras Act, 1925 , (hereinafter called the Act), concerning Gurdwara Sahib Dharamsala Bhai Ki, situated in the revenue estate of Dirbha, Tehsil and District Sangrur, and the rights, title and interest in the property included in the accompanying list on August 11, 1961. Mahant Jiwan Mukta Nand filed a composite petition under Ss 8 and 10 of the Act, before the Punjab Government claiming that the said institution was not a Sikh Gurdwara, but an Udasi Dera, that he was its Mahant and that the succession regarding the same was from Guru to Chela. This petition was forwarded by the Government to the Tribunal along with their letter dated January 8, 1963, u/s. 14 of the Act. Notice was issued by the Tribunal to the said Jiwan Mukta Nand for February 25, 1963. The said Mahant had died in the meantime.
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