Vidhi Codex

section 18

Presumption in favour of a Notified Sikh Gurdwara on proof of certain facts when a claim to property is made by an office-holder

The Sikh Gurdwaras Act, 1925
General1925170 of 183 sections available
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Statutory text
  1. (1) In any proceedings before a tribunal, if any past or present office-holder denies that a right, title or interest recorded, in his name or in that of any person through whom he claims, in a record of rights, or in an annual record, prepared in accordance with the provisions of the Punjab Land Revenue Act, 1887, and claimed to belong to a Notified Sikh Gurdwara, does so belong, and claims such right, title or interest to belong to himself, there shall, notwithstanding anything contained in section 44 of the said Act, be a presumption that such right, title or interest belongs to the gurdwara upon proof of any of the following facts, namely—
    • (a) an entry of the right, title or interest made before the first day of January, 1920, [or, in the case of the extended territories, before the 1st day of November, 1956], in the name of the gurdwara or in the name of the office-holder for the time being as such;
    • (b) an entry of the right, title or interest made before the first day of January, 1920, [or, in the case of the extended territories, before the 1st day of November, 1956], in the name of a person who made a statement at or about the time of the entry that he held the right, title or interest for the gurdwara;
    • (c) the expenditure of the income derived from such right, title or interest on the maintenance or support of the gurdwara or for the performance of religious worship or ceremonies therein, at any time before the first day of January, 1920, [or, in the case of the extended territories, before the 1st day of November, 1956].
  2. (2) The presumption referred to in sub-section (1) may be rebutted by proof of any fact which the tribunal considers sufficient to rebut it.

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