# MAHANT HARNAM SINGH, CHELA OF BHAI NARAIN SINGH v. GURDIAL SINGH & ANR

- **Citation:** [1967] 2 S.C.R. 739
- **Court:** Supreme Court of India
- **Decided:** 1967-02-24
- **Case number:** Civil Appeal No. 1377 of 1966
- **Bench:** K. N. Wanchoo, R. S. Bachawat, V. Bhargava
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/mahant-harnam-singh-chela-of-bhai-narain-singh-v-gurdial-singh-anr-4176
- **Pages:** 9

## Headnote

Code of Civil Procedure (Act 5 of 1908), s. 92-"Persons hal'ing
interest in the trusf', meaning of.
The appellant was the Mahant of a Gurdwara which was maintained
for a sect known as Nirmala Sadhus and was registered as one of the
branches of the principal institution of Nirmala Sadhus.
All its Mahants.
including the appellant were Nirmala Sadhus. The institution owned land,
which was donated to it by the inferior owners of the· village. It also ran
a free kitchen for providing food for visitors. The respondents, who were
Sikhs, .filed a suit un&!:r s. 92, Civil Procedure Code, for the removal of
the appellant from his office.
They sought to establish that they bad such
interest in the public trust as would entitle them to institute the suit, by
showing : ( 1) that they .had interest in the tru;t property in their capacity
as representatives of the owners of the land, and as the representa!ives of
the residents of the village; and (2) that the institution was a Sikh
Gurdwara meant for all persons following the Sikh faith.
The trial court dismissed the suit, but the High Court decreed it.
In appeal to this Court,
HELb: (1) The respondents who were merely Lambardars and residents of the village, had, in those capacities, no such interest as would
entitle them: to institute tl.e ouit. (743 GJ
The mere capacity as Lambardars did not entitle them to claim that
they were representatives of the inferior owners of land, when they themselves were not inferior owners of any land, nor successors-in-interest of
'lll1Y inferior owners who donated the land. [742 F-0]
The free kitchen was not being run for the general residents of the
village who could, as of right, claim to be fed therein. Nor did the residents of the village ba\"e any clear interest in the particular trust entitling
them to file such a suit, and mere residence in the village did not create
such an interest. [743 A-BJ
Vaidyanat/Ja Ayyar ·v. Swaminaz/Ja Ayyar, 51 I.A. 282, applied.
( 2) The Nirmala Sadhu.•. though they started as a section of Sikhs,
became later followers of Vedanta philosophy, adopted the customs of
Hindu Sastras, the dress of Indian faqirs, and worshipped at Samadhis.
Therefore, they could not be regarded as Sikhs at all, and the respondents,
who Wl'fC Sikhs could not be held to have such an interest in the trust
as would entitle them to f\le the suit. (745 E, H; 746 A-D; 747 B-C]
Hein Singh v. Basantda..f, Shironiani Gurd•vara Prabandhak Comnrittee
v. Ram Pars/Jad, 63 I.A. 180, referred lo.

## Text

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MAHANT HARNAM SINGH, CHELA OF
BHAI NARAIN SINGH
v.
GURDIAL SINGH & ANR.
February 24, 1967
[K. N. WANCHOO, R. S. BACHAWAT AND V. BHARGAVA, JJ.]
Code of Civil Procedure (Act 5 of 1908), s. 92-"Persons hal'ing
interest in the trusf', meaning of.
The appellant was the Mahant of a Gurdwara which was maintained
for a sect known as Nirmala Sadhus and was registered as one of the
branches of the principal institution of Nirmala Sadhus.
All its Mahants.
including the appellant were Nirmala Sadhus. The institution owned land,
which was donated to it by the inferior owners of the· village. It also ran
a free kitchen for providing food for visitors. The respondents, who were
Sikhs, .filed a suit un&!:r s. 92, Civil Procedure Code, for the removal of
the appellant from his office.
They sought to establish that they bad such
interest in the public trust as would entitle them to institute the suit, by
showing : ( 1) that they .had interest in the tru;t property in their capacity
as representatives of the owners of the land, and as the representa!ives of
the residents of the village; and (2) that the institution was a Sikh
Gurdwara meant for all persons following the Sikh faith.
The trial court dismissed the suit, but the High Court decreed it.
In appeal to this Court,
HELb: (1) The respondents who were merely Lambardars and residents of the village, had, in those capacities, no such interest as would
entitle them: to institute tl.e ouit. (743 GJ
The mere capacity as Lambardars did not entitle them to claim that
they were representatives of the inferior owners of land, when they themselves were not inferior owners of any land, nor successors-in-interest of
'lll1Y inferior owners who donated the land. [742 F-0]
The free kitchen was not being run for the general residents of the
village who could, as of right, claim to be fed therein. Nor did the residents of the village ba\"e any clear interest in the particular trust entitling
them to file such a suit, and mere residence in the village did not create
such an interest. [743 A-BJ
Vaidyanat/Ja Ayyar ·v. Swaminaz/Ja Ayyar, 51 I.A. 282, applied.
( 2) The Nirmala Sadhu.•. though they started as a section of Sikhs,
became later followers of Vedanta philosophy, adopted the customs of
Hindu Sastras, the dress of Indian faqirs, and worshipped at Samadhis.
Therefore, they could not be regarded as Sikhs at all, and the respondents,
who Wl'fC Sikhs could not be held to have such an interest in the trust
as would entitle them to f\le the suit. (745 E, H; 746 A-D; 747 B-C]
Hein Singh v. Basantda..f, Shironiani Gurd•vara Prabandhak Comnrittee
v. Ram Pars/Jad, 63 I.A. 180, referred lo.
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1377 of
1966.
740
SUPIUIMB C.OUllT UPOl.TS
(1967) 2 S.CJl.
Appeal from the judgment and cl= dated September 7,
1962, of the Punjab High Court in Regular First Appeal No. 29(P)
of 1956.
Nawrit Lal, for the appellant.
I. M. Oberoi, S. K. Mehta and K. L. Mehta, for respondent
No. I.
The Judgment of the Court was delivered by
Blwgava, J. This appeal under cer'Jficate granted by the
Punjab High Court at Chandigarh, has been filed by Harnam
Singh appellant against a decree passed by the High Court, decreeing a suit under section 92 of the Code of Civil Procedure, after
setting aside the dismissal of the suit by the District Judge, and
removing the appellant from the office of the Mahant of an institution descri~ in the plaint as 'Gurdwara Jhandawala.' The
suit was brought by two plaintiffs after obtaining permission from
the Advocate-General. One of the plaintiffs/respondents, lshar
Singh, died and his legal representatives were not brought on the
record. However, in view of the nature of the suit, no objection
was raised before us about the maintainability of this appeal on
this ground and, consequently, we refrain from dilating on this
aspect.
The respondents claimed in the plaint that there is one Our
Granth Sahib at village Jhandawala in the name <'f Gurdwara
Jhandawala which is managed by Mahant Hamam Singh appellant
as a Mohatmim, and that he is in possession of the 'Dera' and
agricultural land belonging to Guru Granth Sahib, Gurdwara
Jhandawala. The Gurdwara was alleged to be a !'·~blic religious
place which was established by the residents of the village, and it
wa~ pleaded that this religious institution was a public trust create<l
by the residents of the village for the service of the public to provide food to the visitors from the Lungar (free kitchen) to allow
the people to fulfil religious beliefs and for worship, et.:. The
plaintiffs/respondents stated that, in the capacity Gf representatives
of owners of lands situated at village Jhandawala and of residents
of village Jhandawala, they submitted an application for permission
to institute this suit on the ground that the appellant was indulging
in various undesirable activities and was misusing the funds of
the trust which justified his removal from the office of the Mahant.
The respondents claimed that, in their capacity of representatives
of the owners of the land situated at village Jhandawala and of
residents of village Jhandawala, rhey were entitled to institute this
suit under s. 92, C.P.C.
The suit was contested by the appellant on various grounds,
amongst which the principal one, with which we are concerned,
is that the plaintiffs/respondents had no such interest in this public
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HAllNAM SINGH v. GuRDIAL SINGH (Bhargava, /.)
741
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trust as would entitle. them to insti1ute the suit. At the initial
stage, the appellant did not admit that there was a public trust in
existence at all, but the trial Court held that the institution was a
public trust of a religious character ; and that finding was not
challenged on behalf of the appellant before the High ·court. The
two principal grounds, on which the dismissal of the suit by the
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District Judge was sought to be justified before the High Court,
were that the plaintiffs/respondents had no right to institute the
suit under s. 92, C.P.C., for want of interest in the trust, and that
the respondents had failed to prove that the appellant had indulged
in any such activities as would justify his removal from the office
of the Mahant.
C:
In this appeal, we heard learned counsel for the parties on
the first question as fo whether the plaintiffs/respondents had any
stJch interest in this trust which could entitle them to institute the
suit under s. 92, C.P.C. As has been mentioned above, in the
plaint the claim was that the plaintiffs were interested in the
capacity of representatives of the owners of the land situated at
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village Jhandawala and of residents of village Jh:mdawala. On
behalf of the plaintiffs/respondents, the pleading was that this
Gurdwara was established as a publi~ trust on behalf of the residents of the village, but, during the course of evidence, even the
plaintiffs them8elves admitted that, before the residents of the
village donated any property at all to this institution, the instituE
tion was already in existence. According to the plaintiffs, the institution was then known as Guru Granth Sahib Dera Bhai Saida Ram,
and Bhai Saida Ram was tμe Mahan! of the institution. On February
19, 1904, Shamilat land belonging to the inferior proprietors of the
village measuring- '.l2 bighas and 12 biswas was donated to Guru
Granth Sahib known as Dera Bhai Saida Ram by way of charity.
That gift was subsequently confirmed in a muation order of the
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revenue authorities on !st Ju_ly, 1905. Some time later, it appears
that Mahant Mehtab Singh Sadli Nirmala b<c&me the Maham of
this institution, and he was succeeded_.by his Chcla, Mahant N:.rain
Singh. On 20th July,. 1926, Mahant Nawin Singh, describing
himself as the Chela of Mahan! Mehtab Singh, executed a will
bequeathing ·his rights in the Dera to his Chela, Harnam Singh
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appellanL It also appears that a constructicn, described as Qurdwara, was built over an area of 8 kanals and 17 marlas out cf 1he
land donated to the Dera by the inferior cwners of the vill::ge.
This suit under s. 92, C.-P.C., was instituted on 21st Septen,ber,
1953 on the allegation that the appellant had >larted indulgi11g in
activities which unfitted him for the positic·n cf the Mah~n., as
he had been responsible for abduction cf wcrncn, harboming of
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dacoits, irurlversa.ion of the trust income, clo$ure of the Langar
stoppage of religious activities and perpetration of immoral
acts.
LJSup.CI/67-2
SUPREME COURT REPORTS
[1967] 2 S.C.R.
• During the trial of the case, it appears that the plaintiffs atIcmpted to show their interest in the trusf property on one other
alternative ground. The plaintiffs were admittedly Sikhs by religion, and the claim put forward was that this Gurd•vara was a
religious institution meant for Sikhs, and, in fact, evidence was
also sought to be led on behalf of the plaintiffs to show that the
Mahants of this institution were not Sadh Nirmalas, but were
Sikhs. One of the plaintiffs/respondents specifically stated to that
effect, b4t there is a concurrent finding by the District Judge and
by the High Court that all the Mahants of this institution, from
Bhai Saida Ram to the wesent Mahant Harno.m Singh appellant,
have been Sadh Nirmalas. The trial Court held that Sadh Nirmalas ~re not Sikhs and that this institution was not a Sikh institution
at all. The High Court disagreed and held that Sadh Nirmalas
are a section of the Sikhs and, consequently, that Sikhs had interest
in this institution because of its being a Sikh Gurdwara. The
High Court thus found in favour of the respondents that they had
an interest as required by s. 92, C.P.C., because they were Sikhs
and that the institution was a religious institution of Nirmala
Sadhs who were a section of Sikhs. It was also mentioned by
the High Court that the villagers having made the original donation
of land which is the nucleus of the institution, the plaintiffs/respondents could not be said to be devoid of interest in the trust
of whose property the appellant now asserts himself to be the sole
owner. The correctness of this decision was the main point canvassed before l'S on behalf of the appellant.
As we have indicated earlier, in the plaint the plaintiffs claimed
interest in the trust property in their capacity of representatives
of the owners of the land situated at village Jha;--:!dwala and of
residents of village Jhandawala. The findings of fact recorded
show that the land, which was donated to this institution, was given
by the inferior owners of this village out of their joint land. The
plaintiffs/respondents .did show that they were Lambardars in the
village, but no attempt has been made at any stage to prove that
any of the two plaintiffs was an inferior owner of .:ny land situated
in this village, or that he was a descendant or a successor-in-interest
of any of the inferior owners who donated the land to this institution in the year 1904. The mere capacity as Lambardars does
not entitle the plaintiffs/respondents to claim that they are representatives of the inferior owners of the land who donated the land
to this institution. The second ground of Claim was that the plaintiffs/respondent8 were residents of village Jhandawala, but, again,
there is no pleading and no evidence tendered to show that the
residents of village Jhandawala in general had any such interest
iu. thh tmst which could entitle them to institute such a suit. ihe
only allegation was that a I;angar us~~ to be run in this institution
where free kitchen was provided to visitors. It was nowhere stated
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HARNAM SINGH v. GURDIAL SINGH (Bhargava, /.)
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that any such free kitchen was being run for the general residents
of village Jhandawala who could, as of right, claim to be fed in
the Langar. Mere residence in a village where free kitchen is
being run for providing food to visitors does not create any interest
in the residents of the village of such a nature as to claim that they
can· institute a suit for the removal of the Mahan!. The nature of
the interest that a person must have in order to entitle him to institute a suit under s. 92, C.P.C., was first examined in detail by the
Madras High Court in T. R. Ramachandra Aiyar and Another v.
Parameswara1< Unni and 5 Others(!).
After the dismissal of the
suit under s. 92, C.P.C., by the District Judge, the case came up in
appeal before Wallis, C. J., and Kumaraswami Sastri, J., wh"
delivered dissenting judgments. The appeal was dismissed and
then came up before a Full Bench of three Judges under the Letters
Patent. Three different judgments were delivered by the members
of the Full Bench, Abdur Rahim, Oldfield and Coutts Trotter,
JJ. Wallis, C. J., when dealing with the appeal at the earlier stage,
expressed his opinion that to entitle him to sue under s. 92, C.P.C.,
it is not enough that the plaintiff is a Hindu by religion, but he
must have a clear interest in the particular trust over and above
that which millions of his countrymen may be said to have by
virtue of their religion; and this opinion was expressed even though
the word "direct" in s. 92, C.P.C., had been omitted. It is not
necessary to refer to other opinions expressed by the learner! Judges
in that case in view of the decision of their Lordships of the Privy
Council in Vaidyanatha Ayyar and Another v. Swaminatha Ayyar
and Another(2), where they approved the opinion expressed by Sir
John Wallis, C.J., in the case cited above, and held : "They agree
with Sir John Wallis that the bare possibility, how~ver remote, that
a Hindu ·might desire to resort to a particular temple gives him an
interest in the trust appears to defeat the object with which the
Legislature inserted these words in the section. The object was
to. prevent people interfering by virtue of this section in the ad·
ministration of charitable trusts merely in the interests. of others
and without any real interests of their own." Agreeing with the
view expressed by the Privy Council, we hold that in the present
case the plaintiffs/respondents, who were merely Lambardars
and residents of village Jhandawala, had, in those capacities, no
such interest as could entitle them to institute this suit.
The alternative ground, on which the High Court accepted
the claim of the plaintiffs/respondents that they had an interest
in this institution entitling them to institute the suit because it is
a Sikh Gurdwara meant for all persons following the Sikh faith,
was not spccifica:ly taken by the plaintiffs in the plaint. However,
it appears that, during the trial of the suit as well as in the appeal
before the High Court, the claim of the plaintiffs that they hacl an
(I) l.L.R. 42 Mad. 360.
(2) 51 I.A. 282.
'J 4.4
SUPREME COURT REPORTS
[1967] 2 s.c.R.
interest entitling them to institute the suit was aciually pressed
and examined on this ground. The District Judge rejected this
claim. but the High Court held in favour of the plaintiffs en its
view that Nirmala Sadhus were Sikhs. It appears frcm the judgment of the High Court that, in arriving at this dccisicn, the Ccurt
relied on on!:, two iteil)S of evide:1ce consisting of scme obEervations made in Sir Edward Maclagen's Census Report and in Macauliffe's Treatises on the Sikh Religion. The High Court made a
reference to a judgment of the Bhide, J., in Kirpa Singh v. Ajaipal
Singh 'Ind Others( I) in which this question whether Nilmala Sadhus
were Sikhs was examined in great detail. An error, howcvu,
appears to have been committed by the High Court in taking frcm
that judgment a few extracts from Sir Edward Maclagan's Census
Report and Macauliffe's Treatises on the Sikh Religicn and relying
on those extracts without examining the entire material that was
discussed by Bhide, J. in his elaborate and well-considered judgment.
Bhide, J., referred to various books which gave the history
and description of Nirmalas and.rightly held that, though the origin
of Nirmalas was somewhat obscure, it arrears to be clear that they
wece originally the followers of Guru Gobind Singh, but the important point for consideration was whether thfy had beccme distinct from the general body of the Sikhs and had ceasfd to be regarded as such.
The quotation from Macauliffe's book "The Sikh Religicn"
relied upon by tee High Court, is to the fclkwing c!ffct :
"There are two great divisions of Sikhs, Sahijdhari and
Singh~. The latter are they who accq:t the
b!pti~m
inaugurated by Guru Gobind Singh, which will be described in the fifth volume of this work. All ether Sikhs
are called Sahijdharis. The Singhs, after the tirre cf
Guru Gobind Singh, were all warriors, the Sahijdharis
those who lived at ease, as the word denotes, and prnctised trade or agriculture. In _the Singhs are included
the Nirmalas and Nii1angs. The Sahijdhari ir:ckdc the
Udasis founcied by Sri Chand, son of Guru Nanak."
Reference was also m2ce to an article written by Mac2uliffe on
"Sikhism" in the Calcutta Review in 1881 where he defcribfd
Nirmalas as only nominally Sikhs. The extract frcm Sir Edward
Mac1o911n's Census Report, on which reliance was placed, runs
as foll\IWS ;
"It is said that Guru Go bind Singh sent three fcllc;wers
named Karam Singh, Har Chand and Mihr Rai to Benares
ti:> acquire a knowledge of Sanskrit, when the Pandits of
(I) l.L.R. II Lah. 142.
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that city refused to come themselves to Gobind Singh;
and that, on their return tlie Guru blessed them as being
the only learned men among the Sikhs and called them
Nirmala. They were allowed to take the pahul and
founded the order of Nirmala Sadhus. They are almost
always celibate, and almost always in monasteries. Their
principal Akhara is at Hardwar and it is said that their ·
societies throughout the province are periodically visited
by a controlling council.
They have three considerable
monasteries in the Hoshiarpur District at Munak, Adamwal
and Alampur Kotla and by our returns they appear to be
strong in Gurdaspur, where they are mainly returned as
Hindus and it• Ambala, Ferozepore and Amritsar where
they are mainly returned as Sikhs. It is supposed that
they are to be found in some numbers in Patiala, but our
tables would intimate that they are as strong in Faridkot.
They are looked on as unorthodox by most true Sikhs,
~nd it will be observed that more of them are returned
in the census as Hindus than as Sikhs."
We are unable to agree that these passages relied upon by the
High Court are enough to lead to an inference that Nirmala Sadhus
are Sikhs and th;tt they still retain the essential characteristics of
the Sikh faith. It is true that, in their origin, Nirrnala Sadhus
started as a section of Sikhs who were followers of Guru Gobind
Singh, but, subsequently, in the period of about 300 years that
has since elapsed, they have veered away from the Sikh religion.
That is why, af1er givirig their historical origin, Macauliffe expressed the opinion that Nirmalas were only nominally Sikhs.
In Maclagan's Census Report also it was mentioned that Nirmala
Sadhus are treated as Sikhs in some places, while ·in other places
they are returned as Hindus. He has mentioned the Districts in
Punjab where they are returned mainly as Hindus, and others
where they were considered as Sikhs. Faridkot, the District
within which the institution with which we are concerned is situated, is mentioned as a place where they are regarded as Hindus
and in the Census they have been retJrned as such. In these circumstances, we do not think that this material by itself, which the
High Court culled out of the judgment of Bhide, J., could properly
lead to the inference that Nirmalas are Sikhs.
Bhide, J., quoted Sir Edward Maclagan's Census Report in
greatet detail and mentioned how in that Census Report there
was a description that the Nirrnala Sadhus were at first devoted to
the regulations of Gobind Singh, but their taste for Sanskrit literatur.e led them to imbibe the principles of the Vedanta and to read0pt many of the customs of the Shastras. They gave up the
use of -,,cat anr' spirits and they adopted the dress of the Indian
746
SUPREME COURT REPORTS
[1967] 2 s.c.R.
'faqir' whkh was strictly prohibited , to the Lrue followers of
Guru Gobind Singh. They had so far deviated from the orthodox Sikhs that they Were hardly distinguishable from the Udasi
followers of Nanak; They were looked on as unorthodox by most
true Sikhs and it was also observed that more of them were reti:rned
in the Census as Hindus than as Sikhs. Then the· "Glossary of the
Tribes and Castes of the Punjab and N.W.F. Province" by H. A.
Rose contained a statement that the Nirrnalas, hav;ng adhered
to the study of the orthodox Hindus scriptures, had lost touch
with Sikhism. In Oman's "Mystics, Ascetics, and Saints of India"
Nin.1alas were described as followers of "Vedanta philosophy".
From all these authorities an inference clearly follows that Nir·
malas have a close affinity to Hindus and in the Census Report
for the Punjab for the year 1891 a large number of Nirmalas actually declared themselves as Hindus. Bhide; J., on these materials,
rightly came to the conclusion that Nirrnala Sadhus are not Sikhs.
Further, in this case, there was material showing that this
institution at Jhandawala was registered as one of the branches
of foe principal institution of Nirmala Sadhus known as the Panchayati Akhara situated at Kankhal near Hard war. There was
further evidence showing that in this institution the worship is
primarily of a Samadh which is against all ten'ets ~f the Sikh religion. Nirmala Sadhus, it appears, as a class worship at Samadhs
which goes to show that they can no longer be regarded as people
following th<) Sikh religion. In their beliefs and practices, the
Nirmala Sadhus are now quite akin to
Udasis, and there is a
series of cases which has ·1aid down that members of the Udasi
sect are not Sikhs. We need only mention the view expressed
by the Privy Council in Hem Singh and Others v. Basant Das
and Another, Shiromani G·1rdwara
Parbandhak Committee v.
Ram Parshad & Others('), holding that "parallel with the growth
of this movement, there seems from the time of Sri Chand, Nanak's
son, to have been a sect of Udasis who, while using the same sacred
writings as the Sikhs, ':ept up much more of the old Hindu practices, followed asceticism, were given to the veneration of Samadh&
0 'ld tombs, and continued the Hindu rites concerning birth, marriage,
and Shradh .... the Udasis, so far as the matter can be decided by
beliefs and practices, are, from the point of view of Sikhs, schismatics who separated in the earliest days of the movement and
never merged thereafter." Relying on these observations of the
Privy Council, the Lahore High Court in Bawa lshar Das and Others
v. DY',· Mohan Singh and Others(2) held : "It is clearly established
in tht present case that this is an Udasi institution and that the
Sikhs have nothing to do with it except that they may have gone
there to listen to the reading of the Sikh scriptures, which is also
done by the Udasis." These decisions clearly indicate the principle
(l} 63. I. A. 180.
(2) A.I.R. 1939 Lah. 239.
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that, though the Sikh Guru Granth Sahib is read in the shrines
managed by the members of the Udasi sect, that was not· enough
to hold that those shrines were Sikh Gurdwaras. In the case
before us, the mere fact that at some stage there was a Guru Granth
Sahib in this Dera cannot thus lead to any conclusion that this
institution was meant for, or belonged to, the followers of the Sikh
religion. Clearly, the Dera was maintained for. an entirely distinct sect known as the Nirmala Sadhs who cannot be regarded
as Sikhs and, consequently, in their mere capacity of followers of
Sikh religion residing in village Jhandawala, the plaintiffs/respondents could not be held to have such an interest as could entitle
them to institute the suit under s. 92 of the Code of Civil Procedure.
The judgment of the High Cour< has to be set aside on this ground.
In view of the fact that we are holding that this suit was not
instituted properly by persons interested as required bys. 92, C.P.C.,
we consider it unnecessary to express any opinion at all on the second
main point decided against the appellant by the High Court, viz.,
that there were sufficient grounds for the removal of the appellant
from the office of the. Mahant. In this case, it is not at all necessary to record any finding on that aspect of the case and, consequently, we refrain from commentin;; on the finding recorded by
the High Court on this question.
The appeal is allowed with costs. The decree of the High
Court is set aside and the decree passed by the District Judge is
restored.
V.P.S.
Appeal allowed.