SELVADAS Vs. REV A M BENSAM

JUDGEMENT

(1.) THIS revision is directed against the orders passed by the District Magistrate, Kanyakumari, in MC 59/70 on his file, wherein he has upheld the possession of the Christ Koil Church situate as (sic) Palliyadi in Kanyakumari district in the members of the A party. There were disputes about the possession and management of this Church between two groups. The Inspector of Police. Thuckalay reported on 19-2-70 that breach of the peace was imminent. Thereupon the Executive Additional First Class Magistrate, took the matter on his file as MC 2/70 issued a preliminary order under Sections 145 (1) and 147 Cr. P. C. and called upon the members of both the groups to appear before him and file written statements setting forth their claims. This they did and thereupon he transferred the case to the District Magistrate (J), Kanyakumari for disposal. Before him both the sides filed documents and affidavits. By his order D/- 1-8-1970 he declared that the Church was in the possession of the members of the A party and ordered that they were entitled to be in possession until evicted therefrom in due course of law. The members of the B party canvass the correctness of this order in this revision.

(2.) REV. A. M. Bensam. No. 1 in the A party contends that the Church belongs to the London Mission which has on its roll 3000 members, that these members have elected him as the President of the Church Committee, that in his capacity both as Pastor and President of this Committee he is in actual possession and management of the Church and its properties ever since the year 1942. The contention of the B party is that this Church which was originally known as the London Mission Church formed by the Missionaries in London merged with the South India United Church in the year 1908 and then with the Church of South India in 1947. They further aver that Rev. Bensarn himself was ordained by the Bishop of South Travancore Diocese of the Church of South India and that he was allowed to continue as pastor only by the C. S. I. They also contend that the Civil Courts have now settled that after the formation of C. S. I, in 1947 all the Christians of the London Mission Society became C. S. I. Christains and the C. S. I. alone has the right to conduct services in all Churches through its appointees.

(3.) THE dispute in this case relates to the possession of a Church and its properties. The learned District Magistrate has, on consideration of the documents and affidavits, arrived at the conclusion that possession is with the members of the A party. It is now well-settled that this Court sitting in revision cannot reappraise the evidence and interfere with the order unless there is an apparent error in procedure or in law resulting in substantial miscarriage of justice vide Daya Ram Das v. Raja Ram 1970 Cri. LJ 1026 (All ). When passing an order under Section 145 (6) of the Criminal Procedure Code, the Magistrate does not purport to decide the parties' title or right to possession of the land but expressly reserves the question to be decided in due course of law. Further the orders are themselves merely police orders and they decided no question of title. It has been so held in Bhinka v. Charan Singh.