JUDGMENT

Both these appeals have been filed by the “Tripunithura Meghala Head Load and General Workers Swatantra Thozhilali Union” (hereinafter referred to as the “appellant” or “Union” for brevity), which is stated to be one registered under the provisions of the Trade Unions Act.

2. The afore appeals arise as under:- (a) R.F.A.No.81 of 2008 against the judgment of the Sub Court, Ernakulam, in O.S.No.668 of 2005 and (b) R.F.A.No.748 of 2008 against the judgment of the Sub Court, Ernakulam, in O.S.No.771 of 2006.

3. The appellant says that they had filed O.S.No.668 of 2005; while O.S.No.771 of 2006 has been filed by the Indian Communist Party (CPI for short), which is also the 1st defendant in the former suit.

4. The appellant explains that they were constrained to file O.S.No.668 of 2005 since the plaint schedule land and building were attempted to be taken forcible physical possession by the CPI, on the allegation that they are the owners of the same. The appellant says that, contrary to the assertions of CPI as afore, the land and the building described in the plaint schedule, were purchased and constructed by their members, though it was registered in the name of the CPI. They thus