A.L.Bahri, J.

1. On account of difference of opinion expressed by S. S. Grewal, J and G. R. Majithia, J. the matter has come up before me.

2. Shiroraani Gurdwara Parbandhak Committee (for short called the S. G. P.C.) filed a suit for possession of land in dispute against Gram Sabha, Dhade, under Section 25 A of the Sikh Gurdwara Act, 1925 (hereinafter called the Act), inter alia, alleging that Siri Gurdwara Sahib Buij-wala Dhada, Tehsil and District Bhatinda, was a notified Guidwara and the petition filed under Section 10 of the Act by the Gram Sabha had been dismissed and the suit should be decreed against the Gram Sabha. The suit was contested by the Gram Sabha, inter alia, asserting that the Gram Sabha was not in possession of the property The suit was time-barred and was not maintainable. On the pleadings the following issues were framed :-

(1) Is the suit within time ? OPP.

(2) Is the suit not maintainable ? OPD.

(3) Does the suit not lie because the property declared to be the property of the Gurdwara is already in possession of the Gurdwara and not in possession of the defendants ? OPD.

3. Issue No. 1 was decided in favour of the plaintiff. The suit was held to be wi