T P PEETHAMBARAN Vs. T H MUSTHAFA

JUDGEMENT

(1.) The plaintiff representing the Ernakulam District Congress Committee (S) has filed this appeal against the dismissal of his suit O.S. 526/1983 by the Additional Sub Court, Ernakulam. The suit is for declaration of title to the suit property 14.724 cents of land in Sy. No. 707 of Ernakulam Village and the building standing thereon, and also for an injunction to restrain the defendants from interfering with the plaintiff's possession and enjoyment of the same. The suit property was purchased by the District Congress Committee of the Indian National Congress in the year 1974 as per Exts.A17 and B2 and the building was used as the office of the Ernakulam District Congress Committee. According to the plaintiff Sri. Brahmananda Reddy was the President of the Indian National Congress on 1-1-1978. On that day Mrs. Indira Gandhi, a member of the Working Committee of the Congress convened a meeting of her followers in New Delhi, and announced the formation of a new political organisation named the Indian National Congress (Indira) and she was declared as its President. The 1st defendant was the President of the District Congress Committee on 1-1-1978 and defendants 2 to 5 were its members. The defendants joined the Congress (I) and they are all defectors from the original organisation on the formation of a separate party under the leadership of Mrs. Indira Gandhi. The original organisation continued under the Presidentship of Sri. Brahmananda Reddi. Later Sri. Devaraj Urs was elected as its president, and the organisation was thenceforward known as Congress (U). Still later Sri. Sarat Pawar was elected as its president and the organisation thereafter came to be known as Congress (S). According to the plaintiff "S" stands for "Socialist" to denote the socialistic ideals of the original organisation. .

(2.) According to the plaintiff he was nominated to, be in charge of the office at Ernakulam on 2-1-1978. He was, however, prevented by the 1st defendant and his followers from taking possession of the office and the premises. Apprehending breach of peace the District Collector, Ernakulam as District Magistrate on 3-1-1978 issued orders under S.27 of the Kerala Police Act and took custody of the building on the said date.

(3.) Sri. A.K. Antony and his followers, who were with the Congress (S) joined the Congress (I) in December 1982. The Congress (I) thereafter made an attempt to get possession of the building and its site from the District Collector. The plaintiff at that stage filed O.P. No. 7126/1983 before this Court for a direction to the Collector not to handover the property to any person other than the plaintiff. This Court gave an interim direction to the District Magistrate not to handover possession of the building and its site until the dispute between the parties is settled in a properly instituted civil suit. The present suit was thereafter filed on 29-8-1983 for declaration of title and for an injunction restraining the defendants from interfering with the plaintiff's possession of the suit property. Sri. Sarat Pawar, the president of the Congress (S), and his followers joined the Congress (I) on 11-12-1986 and thereafter Sri. Sarat Chandra Sinha was nominated as the president of the Congress (S) . According to the plaintiff the Congress (S) is the Indian National Congress whose District Committee had acquired the property and the Congress (I) consists of defectors from the original organisation.