ST MARYS CATHOLIC CHURCH NEDUMON Vs. ANTONY

JUDGEMENT

(1.) The respondent herein as plaintiff filed O.S. No.303/2005 before the Munsiff's Court, Adoor as a suit for declaration of his title over plaint B schedule property and for perpetual injunction. The 1st defendant is St.Mary's Catholic Church, Nedumon, represented by its Trustee, and the 2nd defendant is the present Vicar of the 1 st defendant Church. The suit was dismissed by the trial court. Aggrieved by the dismissal, the plaintiff preferred A.S.No.45/2009 before the District Court, Pathanamthitta. The District Court, Pathanamthitta allowed the appeal and decreed the suit in terms of the plaint. The defendants have come up in Second Appeal.

(2.) This RSA has been admitted by this Court on the following substantial questions of law:-

(3.) According to the plaintiff, he purchased plaint A schedule property through Ext.A1 sale deed dated 09.03.1992. From that date onwards, the plaintiff was in absolute possession and enjoyment of the plaint A schedule property and has been paying tax for the same. Ext.A2 is the tax receipt. From childhood onwards, the plaintiff was being looked after and maintained by one Fr. William Fernandez. Earlier, Fr. William Fernandez was working abroad. Thereafter, when he became old, he came back and started living with the plaintiff. For enabling Fr. William Fernandez to perform his spiritual practices, the plaintiff constructed a Chapel attached to the house of the plaintiff, and over and above it, he constructed a shrine (kurishady) at the north western corner of plaint A schedule property. The said shrine is plaint B schedule item.