JAMES CHINNAMMA Vs. JOSEPH ABRAHAM

JUDGEMENT

(1.) A short question, which js likely to arise rather frequently in this State having several churches, is involved in the Civil Revision Petition. The St. Marys Church, Kainadi Muri, Chennamkary Village, through Joseph Abraham filed a petition for relief under Kerala Act XXXI of 1958. The creditors raised the objection that the church was not a person and was not therefore entitled to claim relief under the Act. The objection was overruled, by the lower court and one of the creditors has filed the Civil Revision Petition.

(2.) The short question for consideration is whether the church can claim to be an agriculturist as contemplated by the Act. S.2(a) of the Act enacts that agriculturist means a person who has an interest, other than as a simple mortgagee, in any agricultural or horticultural land in the State of Kerala. Person is not defined in the Act. But the General Clauses Act says that person shall include any company or association or body of individuals, whether incorporated or not. Therefore the sole point is whether the church is a person who can claim to be an agriculturist.

(3.) There are two or three ways of looking at the question. One is to treat the Roman Catholic Church (the church in the present case is of the Roman Catholic faith) as a voluntary association as distinct from the Protestant Church, which is an established church. There are decisions which take this view (vide Rev. Fr. Pathrose Fernandas v. Swamiyadian Gnanaprakasam, 8. T.L.T. 175 and Gasnari Louis v. Rev. Fr. C.P. Gonsalves, 1918-47 I.C. 941 - 35 MLJ 407). If the church is thus treated as a voluntary association, then the definition of. person in the General Clauses Act will apply.