LexSHIROMANJ GURDWARA PARBANDHAK COMMITTEE versus LT. SARDAR RAGHBIR SINGH AND OTHERS
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2 s.C.R. SUPREME COURT REPORTS SHIROMANJ GURDWARA PARBANDHAK COMMITTEE v. 67 LT. SAR DAR RAGHBIR SINGH AND OTHERS !VIVIAN· BOSE, JAGANNADHADAS. VENKATRAMA AYYAR AND SINHA JJ.j Limitation-Sikh Gurudwaras Act, 1925 (Punjab Act VIII of 1925), s. 25-A--Committee constituted prior to the year 1930-Sub- sequent proceedings-High Couri's decision and notification under s. 17 of the Act-Suit for possession-Starting point for limitation- Ss. 85, 86, 88 of the Act, sc9pe of. The plaintiff which is the Committee of Management for all Gurudwaras situated within the Municipal limits of Amritsar, ex- cept the Gurudwara Sri Akal Takht Sahib, was constituted prior to the year 1930 and by virtue of s. 85(2) of the Sikh Gurudwaras Act (Punjab Act VIII of 1925) became the Committee concerned with the suit Gurudwara. There were certain procee<iings under the Act in respect of the suit properties which were ultimately decided by the High Court on the 16th June 1936 and the decision was followed by a notification under s. 17 of the Act on the· 3rd March 1937. As a result the plaintiff became entitled to get possession of the. saiJ properties by instituting a suit before a tribunal under s. 25-A of the Act within one year from the date_ of the decision or the date of the constitution of the Committee, whichever was later. The present suit was filed on the 25th February 1938 which was beyond one year of the decision and the question was whether the suit can be said to have been instituted within one year of the date of the constitution of the ComJllittee of the Gurudwara concerned, the contention being that the plaintiff must be deemed to have become the committe.: concerned with the suit Gurudwara· only on the date of the notifica- tion thereof in 1937 under s. 17 of the Act by virtue of the provi- sions of ss. 86 and 88. Held, that the date of the notification in 1937 under s. 17 can- not be deemed to be the date of the constitution of the Committe.: concerned for the purposes of s. 25-A and that the present suit is barred by limitation. Section 86 does not apply to Gurudwaras within the Municipal limits of Amritsar specified in s. 85, in respect of which a Com- mittee already exists and by virtue of sub-section (2) of s. 88 the date of the publication of the notification of the Committee which already has been in existence since 1930 will be the date of the constitution of the Committee within the meaning of s. 25-A. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 11 of 1954. 1955 Marc'lt 24 . 68 SUPREME COURT REPORTS [1955] 1955 Appeal from the judgment and Decree dated the Shiromani 20th day of June 1950 of the High Court of Judica- P~:r:/,;J;:k ture for the State of Punjab at Simla in Regular First Committee Appeal No. 73 of 1941 arising out of the Decree dated L.r. Sarda~ Raghbir the 19th _day of Decemb_er 19~0 of the Sikh Gurnd- Sing/1 and others waras Tribunal, Lahore m Sutt No. 11 of 1938. Gurharhan Singh and R. S. N11/'/da. for the appellant. Achhru Ram. (Nau11i1 Lal with him). for the res- pondents Nos. I and 2. K. L. Mehta, for the respondents Nos. 3 to 5. 1955. March 24. The Judgment of the Court was delivered by JAGANNADHADAS J.-This is an appeal on leave granted by the High Court of Punjab against its judgment affirming the decree of the Sikh Gurdwara Tribunal dated the 19th December, 1940, dismissing the plaintiff's suit. The plaintiff in the appeal is the Committee of Management of Sikh Gurdwaras with- in the Municipal limits of Amritsar (except the Gur- dwara Sri Akal Takhat Sahib, Amritsar). The plaint was filed under section 25-A of the Sikh Gurdwaras Act, 1925, (Punjab Act VIII of 1925) (hereinafter referred to aS" the Act) for possession of certain pro- perties situated in Amritsar. marked and bounded as specified in the plaint and purporting to have been declared as a Sikh Gurdwara by the Government of Punjab under section 17 of the Act by means of the notification No. 9-G dated the 3rd March, 1937. The case of the plaintiff-Committee is that thes.e properties were, and were determined to be, a Sikh Gurdwara. by name Gurdwara Bunga Sarkar. by the Sikh Gurdwara Tribunal by its decree dated the 4th November, 1935 and confirmed on appeal therefrom by the High Court of Judicature at Lahore, on the 16th June. 1936 and that accordingly the Committee was entitled to possession of the properties. The facts that have led up to the present ap
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