2014 Supreme(SC) 45

SUPREME COURT OF INDIA
K. S. Radhakrishnan, Vikramajit Sen, JJ.
Janatha Dal Party – Petitioner
Versus
The Indian National Congress & Others – Respondents
SPECIAL LEAVE PETITION (CIVIL) NO. 38991 OF 2013
Decided On : 21-01-2014

Headnote:Suit for declaration of title and for possession of suit property-Trial Court held that plaintiffs succeeded in establishing their title over the properties in question and, that plaintiff was entitled to recovery of possession and also mesne profits-Appeal-Dismissed by High Court-Special leave petition-The question as to which of the two groups, Congress (J) or Congress (O) should be recognized as the Congress, came before the ECI- ECI, after applying the test of majority at the organizational level and legislative wings, took the view that Congress (J) group of Congress came to be recognized as the Congress for all purposes- The order of ECI clearly indicated that Congress then led by Indira Gandhi had established rights on the properties in question- The Courts below narrated in detail how the suit property came into the hands of plaintiffs and how the Congress (O) followed by Janata Party ceased to have any right over the suit property in question- Since, on facts, it was found that defendants had no right over the property in question, various lease deeds executed by them also could not stand in the eye of law- Property in question was gifted vide registered gift deed dated 22.4.1949 by Rangaswamy in favour of Bangalore City Congress Committee- Plaintiffs could successfully trace their title and interest over the suit property towards that gift deed executed in the year 1949, coupled with the various declarations by ECI recognizing petitioner as the real Congress and the Judgment of this Court affirming the same-. Considering the facts that the petitioner was in possession of property for a considerable long period, time granted to petitioner up to 31.12.2014 to vacate the premises(paras9to13)

       Facts of the Case- Issue in consideration in present case is concerned with the ownership and possession of Premises No. 3, Race Course Road, Bangalore, 'A' scheduled property,wherein, at present, the political party Office of Janata Dal (Secular) is situated. The suit property originally belonged to one Sri C. Rangaswamy,who was the resident of Property No. 54, Hospital Road, Baleput, Bangalore City, executed a registered Gift Deed dated 22.4.1949 in favour of Bangalore City Congress Committee which was having its office at No. 142,Cottonpet, Bangalore City, which measured 5330 sq. yards. The land was donated by the donor for the purpose of construction of Congress House, wherein the All India Congress Party constructed a building, by name,

       'Congress Bhavan', in a portion of the suit property. In the year 1969,there was split within the Indian National Congress giving rise to two groups, one led by late Smt. Indira Gandhi, under the Presidentship of late Sri Jagajivan Ram and the other group led by late Sri S. Nijalingappa. The group led by Jagajivan Ram was then called the 'Indian National Congress (J)', whereas the other group led by Nijalingappa was called as 'Indian National Congress (O)'. The split in the party at the centre had its own effect in the State of Karnataka as well. The then Mysore Pradesh Congress Party broke up into Congress (J) and Congress (O) corresponding to those groups in the All Indian Congress Committee at the Centre. Each group claimed itself to be the real Indian National Congress. That dispute came up before the Election Commission of India (ECI).

       Findings of the Court- The question as to which of the two groups, Congress (J) or Congress (O) should be recognized as the Congress, came before the ECI. ECI, after applying the test of majority at the organizational level and legislative wings, took the view that Congress (J) group of Congress came to be recognized as the Congress for all purposes. The order of ECI clearly indicated that Congress then led by Indira Gandhi had established rights on the properties in question. The Courts below narrated in detail how the suit property came into the hands of plaintiffs and how the Congress (O) followed by Janata Party ceased to have any right over the suit property in question. Since, on facts, it was found that defendants had no right over the property in question, various lease deeds executed by them also could not stand in the eye of law. Property in question was gifted vide registered gift deed dated 22.4.1949 by Rangaswamy in favour of Bangalore City Congress Committee. Plaintiffs could successfully trace their title and interest over the suit property towards that gift deed executed in the year 1949, coupled with the various declarations by ECI recognizing petitioner as the real Congress and the Judgment of this Court affirming the same. Considering the facts that the petitioner was in possession of property for a considerable long period, time was granted to petitioner up to 31.12.2014 to vacate the premises.

       Result-Ordered Accordingly