Founding purpose for Sikh public worship must be proved independently before a Sikh Gurdwara declaration can succeed.

To obtain a declaration as a Sikh Gurdwara under Section 16(2)(iii) of the Sikh Gurdwara Act, 1925, it must be proved independently that the institution was founded at its inception for use by Sikhs for public worship, and that it was in fact used for such worship by Sikhs before and at the time of the petition. Mere evidence of later or continuing Sikh worship is insufficient unless the original founding character is established by cogent and independent evidence. On the facts, the evidence did not prove that the institution was founded for public Sikh worship, and the finding accepted below was not shown to be erroneous. The claim for declaration therefore failed.

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Issues: Whether the institution was established for use by Sikhs for public worship and was entitled to be declared a Sikh Gurdwara under Section 16(2)(iii) of the Sikh Gurdwara Act, 1925.

Analysis: The statutory scheme requires proof of two distinct matters before an institution can be declared a Sikh Gurdwara under Section 16(2)(iii): first, that it was established for use by Sikhs for public worship, and second, that it was in fact used for such worship by Sikhs before and at the time of the petition. Mere proof of later or continuing Sikh worship is insufficient unless the foundational character of the institution at its inception is also established. The burden lay on the appellant to adduce cogent and independent evidence that the institution was founded by Sikhs for public worship. The evidence accepted by the High Court did not prove such founding, and the finding was not shown to be erroneous.

Conclusion: The institution was not proved to have been established at its inception for public worship by Sikhs, and the claim for declaration as a Sikh Gurdwara failed.

Ratio Decidendi: To attract Section 16(2)(iii) of the Sikh Gurdwara Act, 1925, it must be proved independently that the institution was founded for public Sikh worship at its inception; proof of later user by Sikhs alone is not enough.

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