Court ruled the land belongs to a religious trust, not individuals, under Section 14 of the Land Reforms Act, preventing its declaration as surplus.

JUDGMENT :

Pankaj Jain, J.

1. Defendant-State is in second appeal. For convenience, parties hereinafter are referred to by their original position in the suit i.e. the appellant as defendant and respondent as plaintiff.

2. Plaintiff filed suit seeking decree of declaration to the effect that the land mentioned in the plaint (hereinafter referred to as the 'suit land') is of religious and charitable nature and is owned by Dam Dama Sahib Una, a Sikh Shrine, controlled and managed by Baba Madhusudan Singh.

3. Plaintiffs claim to be the worshipers of the Shrine. As per plaintiffs Shri Kala Dhari of Bedi family (descendant of Baba Guru Nanak) was a spiritual saint. He established Gaddi and a Gurdwara at Dam Dama Sahib Una. His 3rd descendant Shri Sahib ji established religious Shrine at Killa Jawahar Singh Wala at Gujaranwala (Pakistan). The land at Killa Jawahar Singh Wala was donated to the Shrine by the followers. Income and profits from land used to be utilized for religious and charitable purposes. Land at Killa Jawahar Singh Wala at Gujaranwala was also recorded in the revenue record as ownership of religious trust namely Dam Dama Sahib at Una. The same came under management of Baba Davinder Singh-the 7th descendant. On partition of the country in the year 1947, total land measuring 1440 kanals, 08 marlas was allotted to Bedi family in village Khiala Bilanda, District Hoshiarpur in lieu of the land left in Pakistan as 'a displaced person'. This land included land in lieu of holding of religious trust namely, Dam Dama Sahib Shrine at Killa Jawahar Singh Wala (Gujaranwala). The allotment was wrongly made in the name of Davinder Singh in his personal capacity instead of religious trust. The same continued to be managed and controlled by Baba Davinder Singh and later by Baba Madhusudan Singh-the 8th descendant as Gaddi Nashin of the Shrine. The land was declared surplus deeming it to be land of Baba Davinder Singh even though he was only managing it. His successor Baba Madhusudan Singh was also managing the land and was not owner thereof.

4. The plaintiffs claimed that the property at village Khiala Bilanda which was allotted in lieu of land owned by Shrine in Killa Jawahar Singh Wala (Gujaranwala) could not have been declared surplus. Plaintiffs also questioned alienation of land made by Baba Madhusudan Singh as owner of the land.

5. Suit was contested by the defendants. Defendants No.1 to 3 filed joint written statement. They denied charitable nature of the land for want of knowledge. According to defendants No.1 to 3, land was allotted to Tikka Davinder Singh s/o Ram Kishan Singh in his personal capacity in lieu of land left by him in West Punjab. The land was never allotted to him as Manager of a religious institution, but was allotted to him in personal capacity. The land allotted to him was inherited by Baba Madhusudan Singh vide mutation dated 26.05.1962. Davinder Singh and Madhusudan Singh dealt with the property in their personal capacity. Land in excess of the permissible area as per law was declared surplus following proper procedure. Thus, suit filed by the plaintiffs deserves to be dismissed. Defendant No.4 also contested suit and claimed that the land measuring 362 kanals 13 marlas was purchased by Agriculture Department, State of Punjab for establishment of seed farm vide sale deed dated 08.09.1961. State having become absolute owner, plaintiffs cannot be allowed to dispute their title.

6. Defendant No.5 in her separate written statement denied the contents of the plaint for want of knowledge and claimed that she purchased land detailed in sub-clause C of the plaint from Baba Madhusudan Singh after due inquiry, for a valuable consideration without any notice of the