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Supreme Court of India 2019-09-18 dismissed

Bhupinder Singh vs Joginder Singh (D) by Lrs. & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The appellant claimed a Gurudwara was his private property, arguing a suit under Section 92 of the Code of Civil Procedure (which protects public rights) was not maintainable. However, the Court found that the appellant's father was a Mohtmim (manager, not owner) of the Gurudwara, and that villagers had donated approximately 14 kanals of land to it—an admission made by the appellant himself. The Court held that this established the Gurudwara as public property in which the public has rights, making the suit maintainable. The appeal was accordingly dismissed.

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Code of Civil Procedure Section 92 Public Rights Gurudwara Religious Property Mohtmim Shebait Manager

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