( 1 ) THE appeal calls for no judicial heroics to cope with the issues involved. it so happened that St. Sophias Christian Education Society (here inafter called the Society) which was running a school in Kirti Nagar in the early seventies inducted in December 1983one Mr. M. M. Samuel as its member and within a few days of having done so, made him the Chairman of the School Managing Committee. However, before that the Society had been alloted four acres of and at Paschim Vihar for constructing and running a school thereon. No doubt a school duly recognised by the competent authorities is now running On that land but not perhaps without ripples. The reason is the legal battles being fought in the name of the Society in the corridors of the law courts. Fissures appeared in the year 1984 when Mr. Samuel was allegedly removed from the Chairmanship of the Managing Committee. Admittedly, despite this so-called removal, Mr. Samuel continued running and managing the school as its Chairman till February, 1988 when death removed him from the scene. His claim, it appears, was that the Society had elected a new Governing body sanctioning his cointinuance and that the so-called Governing body which took action against him was acting without any sanction of law, it having become defunct on account of its supersession by another duly elected body. The battle-lines were thus clearly drawn. The first salvo was fired in the form of Suit No. 101 Oof 1984 instituted by the present appellants seeking to restrain Mr. Samuel from interfering with the functioning of the society and an induction with regard to the premises. That suit is still pending but no ad-interim injunction has been granted so far. This was followed by Suit No. 552 of 1984 against the Director of Eduction and C. B. S. E. seeking non-affiliation of the school being run by Mr. Samuel at Paschim Vihar. However, it appears that despite such efforts the school was upgraded upto. Senior Secondary level and the CBSE too granted affiliation. This was challenged through Writ Petition No. 1744 of 1986 which was admittedly dismissed. Yet another suit filed by the appellants is 1346 of 1987 seeking to restrain the respondents from raising some construction at Paschim Vihar. As noticed above, Mr. Samuel died in February 1988. The following year saw the institution of yet another suit being number1610 of 1989. The ad-interim order passed in that case needs to be noticed. It was:

"issue notice to defendants for 10th July, 1989. Dasti. In the meanwhile, defendants by themselves and /or through their agents, employees are hereby restrained from interfering with the functioning of the society as well as the Managing Committee, appointed by plaintiff No. 2. Defendants arc further restrained from holding any kind of demonstration within the school premises or Within the distance of 100 metres from the school premises. Dasti. "it may, however, be noticed, for I feel it to be important, that in the suit it was no where specifically pleaded that the appellants were in actual physical possession of the premises or that it were they who were running and managing the school and it appears from the subsequent suit No,2243 of 1992 of which this appeal is an offshoot that even at the lime of the institution of the suit the appellants were not in actual physical possession of the suit premises nor were they running or managing the school at Paschim Vihar.

( 2 ) A few things clearly emerge out from the past of this case and they need to be emphasised before striding ahead. . First, right from the day Mr. Samuel was appointed as the Chairman of the Managing Committee of the school in the year 1984 till his death in February 1988, it was he as the Chairman who was running and managing the school and was in physical possession of the land allotted to the school at Paschim Vihar and that at the time of the institution of the suit also it were the respondents who were in possession and who were ma