Allowed

Gurudwara Shri Tokha Sahib and Ors. v. Kalgidhar (Charitable Trust) Gurudwara Sahib and Ors.

Punjab & Haryana HC6 Dec 2018RSA/3784/2016

Case brief

AI extract

What is this about?

This judgment condones delays in filing appeals regarding disputes over a Gurdwara's lease deed and the validity of a 99-year lease granted by Harvinder Singh as Special Secretary. The court notes the absence of EWS or registered Committee election, but dismisses the appeals, finding no ground for interference or substantial legal question.

What did the court decide?

Delay in filing appeals is condoned, C.M. No. stand allowed, main appeal stands dismissed.

Gurudwara Shri Tokha Sahib and… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2018)

¶1

RSA No.3784 of 2016 (O&M)

¶2

{1}

¶3

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

¶4

RSA No.3784 of 2016 (O&M) Date of decision:06.12.2018

¶5

Gurudwara Shri Tokha Sahib and others ... Appellants

¶6

Vs.

¶7

The Kalgidhar (Charitable Trust) Gurudwara Sahib and others

¶8

... Respondents

¶9

CORAM: HON'BLE MR. JUSTICE AMIT RAWAL

¶10

Present:Mr. R.S.Randhawa, Advocate for the appellants.

¶11

AMIT RAWAL J. (Oral)

¶12

C.M.No.9849-C of 2016

¶13

For the reasons stated in the application which is duly supported by an affidavit, delay of 24 days in re-filing the appeal is condoned.

¶14

C.M. stands allowed.

¶15

C.M.No.9850-C of 2016

¶16

For the reasons stated in the application which is duly supported by an affidavit, delay of 13 days in filing the appeal is condoned. C.M. stands allowed.

¶17

RSA No.3784 of 2016 (O&M)

¶18

The appellant-plaintiffs have not been successful before both the Courts below in claiming declaration by challenging the lease deed dated 04.02.1997 allegedly executed by defendant no.3 in favour of

¶19

SAVITA KADIAN 2018.12.19 11:21 I attest to the accuracy and integrity of this document High Court Chandigarh

¶20

RSA No.3784 of 2016 (O&M) {2}

¶21

defendant no.1 for a period of 99 years.

¶22

It was alleged that defendant no.3-Harvinder Singh claimed himself to be Special Secretary of the Gurdudwara Committee, whereas, the resolution on the basis of which he derived the power of granting him to execute the lease deed was with a rider of obtaining prior permission from the Deputy Commissioner. In the absence of un-registered lease deed for a period of 99 years, he was incompetent and therefore, not valid in law.

¶23

I am afraid the aforementioned arguments are not sustainable, for, concededly, on execution of the lease deed, the suit was filed in the year 1998 without termination of the lease deed. In the testimony of the witnesses of the plaintiffs, it has come on record that no election of the Committee or any registered Society, had taken place, though the Society was registered in the year 1996 under the Society Registration Act.

¶24

Be that as it may, on the lease land, the school is being run having admission of various children. This fact is a noble cause, therefore, in the absence of any plausible leave competence, cannot be challenged. The plaintiffs may have an independent remedy against the lessors, in accordance with law but not in the manner and mode as indicated above, particularly in view of the resolutions, Ex.D65 and Ex.D66.

¶25

No ground is made out for interference in the impugned judgments and decrees much less no substantial question of law arises for adjudication of the present appeal.

¶26

SAVITA KADIAN 2018.12.19 11:21 I attest to the accuracy and integrity of this document High Court Chandigarh

¶27

RSA No.3784 of 2016 (O&M)

¶28

{3}

¶29

The appeal stands dismissed.

¶30

	(AMIT RAWAL) JUDGE
December 06, 2018 savita
Whether Speaking/Reasoned	Yes/No
Whether Reportable	Yes/No

¶31

SAVITA KADIAN 2018.12.19 11:21 I attest to the accuracy and integrity of this document High Court Chandigarh

Gurudwara Shri Tokha Sahib and Ors. v. Kalgidhar (Charitable Trust) Gurudwara Sahib and Ors.

Case brief

What is this about?

What did the court decide?

Gurudwara Shri Tokha Sahib and Ors. v. Kalgidhar (Charitable Trust) Gurudwara Sahib and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

HUDA & Ors. Vs Inderjeet Kaur & Anr.

Resham Singh and Anr. Vs Mewa Singh and Anr.

Nand Lal and Ors. Vs Prema Devi and Ors.

Devi Ram & Ors. Vs Duli Chand & Ors.

In the Matter of Company Paid Staff Working in the Office of Official Liquidator Vs ------

Pushpa Vs Jaipal and Ors.