MATHEW MATHEWS KATHANAR Vs. KURIAKOSE EASUS KATHANAR

JUDGEMENT

(1.) In order to appreciate properly the points raised in this case, it is necessary to give a summary of the plaint together with the reliefs prayed for. There are four plaintiffs and seven defendants and the plaint allegations are as follows:

(2.) The plaintiffs are members of Malankara Jacobite Syrian Christian Community. They are parishners attached to the St. George Jacobite Church in Puthupally under the diocese of Kottayam. This church was established accepting the supremacy of the Patriarch of Antioch for the worship of the parishners under the guidance of Metropolitans, appointed by the Patriarch and of other dignitaries appointed by the Metropolitan. Defendants 1 to 5 and some other parishners do not accept the supremacy of the Patriarch or the Metrans ordained by the Patriarch or the canons accepted by the said community. They behave as if the head of their community is Catholicos who is not accepted by the Patriarch or the Jacobite Syrian Christian community. These defendants and their partisans had passed on 11.5.1110 (26.12.1934) a scheme for the due conduct of their constitution and for management. By this act they have seceded from the Jacobite Syrian community and so they have no further right to the church in question or to the properties appertaining thereto. By the decision A.S. 1 of 1119 of the High Court against the decision in O.S. 111 of 1113 of the District Court, Kottayam they had become aliens to the Jacobite Syrian Community. They have no right to participate in the meetings of the community or to the properties belonging to that community. The parishners of the above church, in its meeting of 16.4.1122 (1.12.1946) elected plaintiffs 2 to 4 as the trustees and so they along with the 1st plaintiff who is the vicar have filed this suit. Defendants 1 to 3 have no right to enter the church or to conduct ceremonies there. Defendants 4 and 5 and others who have accepted the Catholicos as their head have no right to enter this church and participate in the ceremonies conducted there or to get any benefit out of the properties attached to this church. The properties of this church were under the management of defendants 4 and 5 as trustees. They are now in the possession of defendants 6 and 7 who had been appointed as receivers in O.S. 164 of 1119. The gold and silver vessels belonging to the church are in the iron safe kept in one of the rooms of the church. That safe has three keys. The room where that safe is kept and the church building have two keys each. The 1st defendant is now keeping without any right the two keys of the church and one key each of the safe and the room and he is to surrender the same. Defendants 4 and 5 are also liable to account for the collections made by them while they were trustees. The reliefs prayed for are: (a) For an injunction to defendants 1 to 5, their partisans and the priests restraining them from entering the church and the cemetery and conducting ceremonies after declaring that Catholicos and his followers have no manner of right over the church in question and its properties and over the cemetery. (b) For termination of the office of defendants 6 and 7 as receivers and of defendants 4 and 5 as trustees and for handing over the possession of the movable and immovable properties belonging to the church and the keys with the 1st defendant to plaintiffs 2 to 4. (c) For taking accounts while defendants 4 and 5 were trustees and for a decree directing them to pay the money thus found due.

(3.) Fourteen items of immovable properties and 137 items of movable properties are scheduled to the plaint. Items 8 to 137 among the movable properties are not valued, but it can be seen from the description that some of these are very valuable, e.g., item 8 is a gold cross having the weight Kg..325. Items 1 to 6 are moneys deposited by defendants 4 to 6 in banks, etc. and the total of these as shown in the plaint comes to Rs. 62,500 with interest for several years.