Gaddi Suthre Shah v. Parmeshvari Dass Thru Lrs. Prem Wati & Ors.
Case brief
What is this about?
CR-3233-2016 (O&M); High Court of Punjab and Haryana at Chandigarh; decision date 23.07.2025; Judge Nidhi Gupta (single-judge coram). Petitioner: Gaddi Suthre Shah (Dharamshala Sutherean), registered Trust landlord; Respondents: legal representatives of deceased tenant Parmeshvari Dass and others. Eviction under Section 13 East Punjab Rent Restriction Act from premises rented at Rs.60/month since 09.05.1983, enhanced to Rs.80 by Agreement dated 03.01.1992. Key points: admission of landlord-tenant relationship in written statement defeats challenge to trustee's authority; tenant estopped from questioning landlord's title; Trust is competent suitor through trustee; registered Trust Deed Ex.A-3 and appointment of Mahant Vivek Shah as Chairman proved; absence of pleading that landlord occupied no other post-1949 premises not fatal. Authorities relied on: M/s British Motor Company Pvt. Ltd. v. Sewak Sabha Charitable Trust (P&H); Radhika Parshad v. Akki Bai Oswal Trust (Regd.) (P&H); Ashok Kumar Kapoor v. Arun Behl (P&H); Jaspal Kaur Cheema v. Industrial Trade Links (SC); Ramesh Kumar Goyal v. Hardayal (P&H); Baldev Raj v. Ram Lal (P&H); plus Balwant Singh @ Banta, Sat Parkash Chaudhary, Dr. J.S. Sodhi, Daulat Ram, Inder Kaur, Sumer Chand (all P&H). Atmaram Rachhodbhai (Gujarat Full Bench) distinguished. Outcome: revision allowed; Appellate Authority Ludhiana judgment dated 08.02.2016 set aside; pending applications disposed.