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november 1961

Supreme Court of India · 1961-11-03

KESAR SINGH vs BALWANT SINGH

Citation / case number
SC 1954/90375
Court
Supreme Court of India
Petitioner
KESAR SINGH
Respondent
BALWANT SINGH

Judgment text excerpt

The Supreme Court held that under Sections 36 and 37 of the Sikh Gurdwaras Act, 1925, the Civil Court cannot question the decisions made by the Sikh Gurdwara Tribunal regarding property claims. The Tribunal's determination that the bunga was wakf property and managed by the descendants of Maharaja Sher Singh was final and binding. Additionally, the Court found that the suit was not barred by limitation under Articles 142 and 144 of the Indian Limitation Act, 1908, as the defendants were in permissive possession and had not established any adverse claim prior to the Tribunal's decision.

KESAR SINGH vs BALWANT SINGH · Niyam