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1991 Supreme(P&H) 495

A.L.BAHRI, S.S.GREWAL, G.R.MAJITHIA
Mohant Jyoti Sarup Chela Mohant Bhagwan Dass – Appellant
Versus
Shiromani Gurdwara Parbandhak Committee – Respondent


Judgment

S.S.Grewal, J.

1. I have the advantage of going through the judgment of my learned brother G.R. Majithia, J. However, I am unable to record my concurrence concerning the said judgment for the reasons hereinafter recorded.

2. As per Full Bench decision of this Court in Lachhman Dass Ishar Dass v. State of Punjab, I.L.R. (1968)1 Punjab. 499, the word Gurdwara used in some of the provisions of the Act has reference to the institution comprising the purpose or ideal which owns all the property of the Gurdwara and not in the mundane sense implying the mass of earth, and the brick and mortar thereon, which is the physical place of worship in which Guru Granth Sahib may be installed.

3. By a majority view in Full Bench decision of this Court in Gurdwara Sahib Padshahi Daswin Tittarsar v. Mahant Kesar Singh Chela Tirath Singh of Gurdwara Sahib Tittarsar, A.I.R. 1979 Punjab 166 it was observed that notified Sikh Gurdwara as an institution is different from the building of the Gurdwara which is in the form of brick and mortar. A particular claimant may claim the building of the Gurdwara itself as his property or as property of some other institution in the claim petition under Sectio










































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