possession of property to
Shrimoni Gurdwara Parbandhak Committee (in brief "SGPC"), Amritsar.
The suit had been instituted under Section 28 of the Sikh ... suit had been instituted on
09.03.1964 and numbered on 13.03.1964. The SGPC claimed that as per
the resolution passed on 12.12.1963, the plaintiff committee
ownership.
Originally, the plaintiff moved an application under Section 32 of
the SGPC Act for transfer of the suit pending in the Court for
deciding ... petitioner to be termed as a Sikh
Gurdwara under the control of SGPC, SGPC is a body corporate and
the suit cannot be instituted without
Pawan Kumar And Ors vs Sgpc, Amritsar And Ors on 11 December, 2014
Author: K.Kannan
Bench: K. Kannan
IN THE HIGH COURT OF PUNJAB ... Advocate,
with Mr. R.P.S. Bara, Advocate,
for respondent No.1-SGPC.
Mr. Satya Pal Jain, Senior Advocate,
with Mr. Dheeraj Jain, Advocate
Improvement Trust. The rival
contention had been taken up by SGPC relying on an agreement
with the original allottee Indra Puri and the subsequent payments ... 114701
and 114703 totaling ` 10,719/- as the amount paid by SGPC to the
Trust. Subsequent to the agreement with the original allottee, SGPC
Baba Karam Singh and in an earlier
round of litigation when the SGPC had taken action, it was
found by the Sikh Gurdwara Judicial Commission ... said
Baba Karam Singh Gurdwara was not within the jurisdiction of
SGPC. It is also contended that the property does not belong to
the respondent
representative of the gurudwara in a suit
instituted by Gurudwara through SGPC. The suit by SGPC was
decreed, appeal filed by the mahant was dismissed ... allowed although it was said to be on
technical ground. The SGPC preferred a SLP as representative of
the gurudwara before the Supreme Court
petition is at the instance of Shiromani Gurdwara
Prabandhak Committee (SGPC) seeking for quashing of the proceedings
of the Financial Commissioner (Appeals), Punjab, passed ... that the property had been
referred to as the property belonging to SGPC with the actual possession
being held by certain persons
application
filed for impleadment under Order 1 Rule 10 CPC by the SGPC, I
have already allowed it subject to just exceptions ... however
think the possession must be given to SGPC especially when a rival
claim is set up that the property vests is Udasi sect
Date of Decision.29.09.2014
Raj Kumar ......Petitioner
Versus
SGPC and another ......Respondents
Present: Mr. Hemen Aggarwal, Advocate
for the petitioner.
CORAM ... protected in his possession on payment of ` 1,66,900/- to
the SGPC by demand draft to be drawn within a week and delivered
oral).
1. The revision is against allowing an application
for impleadment of SGPC as a defendant. The suit is filed by a
person claiming ... standing as a representative of the trust and
its Management. SGPC has now brought an application before the
Court below to contend that the trust