IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.-

Decided on:- 05.12.2025 Samunder Singh and Others ....Petitioner VERSUS Mahendra Narendra Charitable Education Trust (Regd.) and Others ....Respondents CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU Present: Mr. Rakesh Nehra, Sr. Advocate with Mr. Sahil Nehra, Advocate for the petitioners.

Mr. Ravinder Singh Randhawa, Sr. Advocate with Mr. K.S.Riar and Ms. Tarranum Madan, Advocates for respondents No.1 to 3.

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MANDEEP PANNU J. CM-22482-CII of 2025 This is an application for placing on record the amended memo of parties.

It is stated in para No.2 of the application that due to typographical error, defendant No.10 could not be impleaded as a party to the petition. Therefore, the petitioners intend to make defendant No.10 as performa respondent No.5 by way of the present application.

For the reasons stated in the applications and in view of the submissions made by the learned counsel for the applicant, the application is allowed and defendant No.10 – Virender s/o Rishal Singh is impleaded as performa respondent No.5, subject to all just exceptions. Amended memo of parties is taken on record.

1. The present Civil Revision Petition has been filed by Samunder Singh (defendant No.1), Sukhvinder @ Sukhminder Singh (defendant No.2), Raghuvinder (defendant No.4), Geeta (defendant No.5), Satvinder son of Late Sh. Sarup Narayana (defendant No.6), Urmila (defendant No.7), Ravinder (defendant No.8) and Tripta (defendant No.9) in the civil suit titled Mahendra Narendra Charitable Education Trust registered and others versus Samunder Singh and others. Defendants No.3 (Sanjana wife of Sukhvinder) and No. 10 (Virender s/o Rishal Singh) have been impleaded as proforma respondents in the present revision petition.

Brief Facts

2. The case of the plaintiffs, as set out in the plaint, is that Plaintiff No.1 is a registered charitable educational trust known as Mahendra Narendra Charitable Education Trust (hereinafter referred to as the ‘trust’), constituted through a registered trust deed dated 27.11.1998. Plaintiff No.2 is presently the Chairman of the Trust, having automatically assumed the position under the terms of the trust deed upon the death of the founder Chairman, Sh. Narender Singh Nandal, on 06.06.2024. Plaintiff No.3 is the Secretary of the Trust. It is pleaded that Plaintiff No.2 was brought up and educated by Sh. Narender Singh Nandal and his wife Smt. Mahender Kaur, who treated her as their daughter, and accordingly she was nominated as Vice-Chairman of the Trust during their lifetime.

3. It is further averred that Plaintiff No.1 has been constituted to run and manage charitable and educational institutions and, in furtherance of these objectives, various parcels of land were leased and gifted to the Trust over several years. Lease deeds dated 15.02.1999, 17.09.2004 and symbolic possession delivered on 14.05.2008, as well as a gift deed dated 14.05.2008 executed by Virender Singh, were relied upon to show that the Trust came into lawful possession of approximately 40 Kanal 13 Marla of land situated within the revenue estate of village Kutana, Tehsil and District Rohtak. Over this land, Plaintiff No.1 constructed a school building comprising classrooms, hall, storerooms, bathrooms, open yard and boundary wall with gates, and has been running Mahendra Narendra Adarsh Senior Secondary School therein.

4. The plaintiffs assert that the school has been duly recognised by competent educational authorities since 1999 and thereafter granted permanent recognition up to Class 12. The Trust operates a functional bank account, submits income tax returns, and conducts all financial and administrative affairs in accordance with the trust deed. Various resolutions passed by the Trust, copies of financial documents, and other annexures are relied upon to demonstrate lawful management and continuous possession.

5. According to the plaintiffs, the defendants, who are family members and co-sharers of the erstw