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MONROE
Shromani Gurdwara Parbandhak Committee – Appellant
Versus
Jagat Ram – Respondent
JUDGMENT
Monroe, J. - Jagat Ram filed a petition under Section 10, Sikh Gurdwaras Act, seeking a declaration that he was the owner of one-half of certain lands described in the petition which had been included in a notification under the Act as claimed in a petition under Section 7 of the Act to be the property of the Gurdwara Thamji Sahib. The petition came up for hearing before the Tribunal, but before any evidence was taken, the petitioner stated that he did not wish to prosecute the petition and requested that it might be dismissed.
2. The objectors claimed that in the circumstances they were entitled to a declaration that the property in suit was the property of the Gurdwara. The Tribunal refused to make this declaration and dismissed the petition. For the refusal to make the declaration the learned President relied on the judgment of Addison, J., in Management Committee Gurdwara v. Indar Singh 1933 Lah. 1041 (a petition under Section 5). I do not think however that this decision is an authority for the proposition stated by the learned President, that if a petitioner does not prove his case his petition should be dismissed without going into the case set forward on behalf of th
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