The Bhekh decision is supreme for religious properties, and no Will can be executed for such properties.

Gurbinder Chahal, F.C. - These are three connected Revision Petitions in which un-registered Will dated 30.9.1998 in favour of Mahant Nirmal Singh and Bhekh resolution dated 10.7.1999 in favour of Mehant Kashmira Singh are matter of controversy and the same are under challenge before this Court. Hence, all the three revision petitions are disposed of through a common order, a copy of which shall be placed on each of the files.

2. In R.O.R. No. 234 of 2004 petitioner has challenged the order of Commissioner, Jalandhar Division, Jalandhar dated 20.1.2004 before this Court. Brief facts of the case are that mutation No. 22876 pertaining to the inheritance of Mahant Gurdial Singh Chela Mahant Jaimal Singh, who expired on 10.4.1999, was entered by the halqa patwari on the basis of resolution/appointment as Mahant made by Panchayati Akhara Nirmala (Regd.) Kankhal, Distt. Haridwar in favour Mahant Kashmira Singh. This mutation was contested by Mahant Nirmal Singh on the basis of unregistered Will dated 30.9.1998 executed by Mahant Gurdial Singh in favour of Mahant Nirmal Singh. The parties led their evidence and counsel for the respondent Mahant Kashmira Singh relied upon Bhekh resolution dated 10.7.1999. But the Assistant Collector Ist Grade sanctioned the mutation vide his order dated 22.11.2001 in favour of Mahant Nirmal Singh on the basis of Will dated 30.9.1998. The Collector (ADC), Amritsar, accepted the appeal filed by Mahant Kashmira Singh. The main reasoning recorded by the Collector while accepting the appeal filed by Mahant Kashmira Singh in the impugned order was that in the matter of religious properties Bhekh decision is supreme and such property cannot be given to any one by executing the Will. It has also been mentioned in the order of the Collector that even Sant Nirmal Singh admitted in the cross- examination that Sant Kashmira Singh has been appointed Mahant of the Dera by the Nirmala Bhekh and it was also ruled out in the order that Will in question is surrounded by suspicious circumstances. The A.D.C. cum Collector, Amritsar, accepted the appeal on 19.9.2002. The petitioner filed further appeal before the Commissioner, Jalandhar Division, Jalandhar, which has also been dismissed on 21.1.2004. Hence, the present revision petition has been filed before this Court against the order of Commissioner, Jalandhar Division, Jalandhar, dated 20.1.2004.

3. Ld. counsel for the petitioner has argued that the property in question was self-acquired property of Mahant Gurdial Singh and he was fully competent to execute the Will. It has been further submitted by him that the registered Will is not required under the law and simply two marginal wit nesses should prove it. Reliance was placed on 2003(1) Apex Court Judgment 186 (SC) "Will - Attestation - Will is required to be attested by two witnesses but it can be proved by examining one of the attesting witnesses." He has further submitted that the order of Assistant Collector, Ist Grade, Amritsar-I was totally legal, valid and in accordance with law, but the Collector and the ld. Commissioner have wrongly set aside the said order. Lastly he has submitted that the Bhekh is no body to appoint the respondent as Mahant and no mutation can be sanctioned on the decision of the Bhekh in favour of the respondent. The prayer for accepting the revision petition has been made.

4. Counsel for the respondent has argued that Mahant Gurdial Singh received property from Mahant Jaimal Singh and property in question belongs to a religious Dera. The law of inheritance under the Hindu Succession Act and Indian Succession Act is not at all applicable to such religious properties. He has further submitted that only Bhekh can appoint Mahant of such Dera and no other authority can appoint the Mahant of the Dera. He has referred to the AIR 1954 SC 606, 1997(3) RCR(Civil) page 626 and 1997(2) PLJ page 148. Ld. counsel for the respondent has further submitted that the Will in question is surrounded by