RT REV V M MALAVIYA Vs. GY DEWAJI

JUDGEMENT

(1.) The respondent No.1 and one Mr. A.O. Denials preferred application, which was registered as Application No.6313 of 1997 before Assistant Charity Commissioner, Mumbai, under Section 41A of the Bombay (now Gujarat) Public Trusts Act, 1950 ('the Act' for short) for following prayers:-

(2.) The respondent No.2, the petitioner Nos.1,3,5 and respondent No.3 herein are the original opponents in the application preferred under Section 41A of the Act. In the application preferred under Section 41A of the Act, if briefly stated, the applicants came out with a case that the opponent No.1 respondent No.2 herein, which is a registered public charitable trust, came into existence as a company and registered under the Companies Act; that Indian Church Trustees, a registered public charitable trust, has no trustees; that the Indian Church Trustees, Calcutta had never vested the management in respect of the Anglican Church properties mentioned in 2nd Schedule of the Indian Church Act, 1927 ('Indian Church Act') and situate in the territorial jurisdiction of the Anglican Diocese of Bombay in the respondent No.2 and therefore, the present Board of Indian Church Trustees has no power whatsoever to divest the respondent No.2 of their management, possession and control in respect of the said church properties registered as trust properties under the Act; that under the Indian Church Act, General Council of Church of India, Pakistan, Burma and Ceylon (CIPBC) of Anglican communion were veted with absolute legal rights to constitute and appoint the Managing Trustees in respect of the church properties subject to the Indian Church Act and in exercise of these legal rights, General Council of CIPBC constituted and appointed the respondent No.2 as Managing Trustee of certain church properties situated within the territorial jurisdiction of the Anglican Bombay Diocese; that the Christianity was brought to India by missionaries from western countries and each country established its own church in India and they were known by their own denomination, e.g. churches established by Church of England. England churches were known as ANGLICANS. Anglican communion in India were following the order of worship as of church of England, and by Indian Church Act, separate church of England in India was established and known as church of India, Burma, Ceylon and after 1947, is known as church of India, Pakistan, Burma, Ceylon (CIPBC). This reconstituted CIPBC was an amalgamation of Anglican Church only. Thus, from 1927, Anglican church in India severed its relationship with church of England. In 1930, Anglican church in India adopted and constituted the cannons and rules of Church of India. Said cannons and rules provide that such properties in each Diocese (geographic area of churches) shall be held by a body called 'Diocesan Trust Association'. Thus, all the properties of Anglican churches are administered by respondent No.2 which was registered under the provisions of the Act in 1954 and its registration number in PTR is E-923 and D-185 and the property of St. James Church, Baroda, its premises and personage (Priest's House) is under the control and at the disposal of respondent No.2; that on 29.11.1970, five churches, i.e. (i) the Council of Baptist Church in Northern India, (ii) the Church of Brethren in India, (iii) the Disciples of Christ, (iv) the Methodist Church (British and Australian Conferences) and (v) the Church of India (Anglican, then known as CIPBC) joined together to form the church of Northern India (CNI); that this Union of churches was for the purpose of spiritual life only but, they continued to follow their own church worship and the properties belonging to these churches were being administered by their registered Trusts and did not merge with CNI; that from 1825, Anglican Parish have been worshiping in St. James Church according to Anglican rights and rituals and even after the Church Union was formed in 1970, worship continued as per Anglican rights and rituals; that at St. James Church, Baroda, the congregation of Anglicans faith continued to worship with their CNI counterpart from 1970 to 1992, however from 1992 onwards, CNI Bishop of Gujarat Diocese began passing a series of orders, directives and dictates which were repugnant to teaching of Holy Bibles; that since the property of St. James Church is under control of respondent No.2, the applicants sought permission from respondent No.2 to worship in the church separately from CNI and the respondent No.2 considered the request of Anglican congregation and from 5.10.1997, Anglican Parish implemented their decision and separated from the Church Union with CNI and started worshiping as a separate Parish with their own Anglican Pastor; that the applicants are beneficiaries of the trust and are entitled to the facilities provided by respondent No.2 and are also entitled to cater the church premises and offer their prayers and also receive all religious services from the church authorities under the management and control of respondent No.2; that the opponent Nos.2,3 and 4- the petitioner Nos.1,3 and 5 are obstructing the lawful rights of the applicants; that in view of the factual position narrated, the property belonging to the trust is in danger of being vested and/or damaged and that if no preventive measures are adopted, there is likelihood of clashes between two groups which will lead to threst of damage and waste trust fund and its properties.

(3.) The petitioner Nos.1, 3 and 5 jointly filed their written statement. Respondent No.3- Indian Church Trustees also filed its written statement. While refuting the allegations made in the application, they raised objections as regards maintainability of the application under Section 41A of the Act and as regards the jurisdiction of the Assistant Charity Commissioner, Mumbai to entertain and decide the application.