ANBIAH Vs. REV J GEORGE ROBINSON

JUDGEMENT

(1.) This second appeal is preferred by the defendants who have suffered a decree in respect of the administration of the suit church at the hands of the first appellate Court even though the suit against them was dismissed by the trial Court. The subject matter of the suit is a Church in Andarkulam, in Kanyakumari District and its properties.

(2.) The case of the plaintiffs is that the first plaintiff is a Pastor of the church and plaintiffs 2 to 7 are the elected deacons forming the Church Committee presided over the first plaintiff as its Chairman. The Church and its properties are under the immediate control of the said committee and under the Supervision of the Kanyakumari Diocese of the Church of South India. Originally 456 churches in South Travancore including the plaint church were under the L. M.S. Corporation in London, but after the churches merged with the Church of South India (C. S. I.) in 1947 all the properties of the Churches including that of the plaint Church were transferred to the C.S.I. First defendant and some others wanted to break away from the C. S. I. due to the influence of defendants 8 and 9 who are members of an alien Church in America called National American Congregational Christian Church (NACCC), and claiming themselves as L.M. Christians filed 24 suits against the C.S.I. claiming all the 456 Churches and their properties for themselves. All the suits were dismissed. O. S. No. 1 of 1960 filed by the first defendant and four others in Subordinate Judge's Court, Nagercoil in a representative capacity in which the suit Church was item No. 9 in the schedule of properties, was dismissed. Thus the suit Church and its properties belong to or are in the administration and possession of the C.S.I. and they are not under the administration and possession of L.M.S. Society as claimed by the defendants. Defendants 2 and 3 are the sons of the first defendant and defendants 4 to 7 are mere worshippers in the Church. While so the defendants formed into an unlawful assembly and on 1-8-1970 broke open the lock of the gate of the Church and attempted to break open the Church. The plaintiff gave a complaint to the police but in vain. On 2-8-1970 the defendants and their henchmen surrounded the Church and obstructed the plaintiffs and other C.S.I. Christians from entering into the church compound. Then on 9-8-1970 the defendants prevented the plaintiffs from conducting service in the Church. It has been held in O. S. No. 1 of 1960 that only the C.S.I. are entitled to administer the Church and conduct services and that decision operates as res judicata against the claim of the defendants. On these pleadings the plaintiffs have prayed for a declaration that only the plaintiffs are entitled to the management of the suit church and for injunction restraining the defendants from obstructing the plaintiffs entering into the church and its properties. After filing of the suit, tenth defendant was impleaded on the allegation that as contended by the defendants he is not a pastor in the Church and he is unlawfully residing in the school building of the Church and he is liable to be evicted therefrom, and it has been so prayed in the plaint. Then by way of amendment a further prayer has been made in the plaint that in case it is held that the defendants are in possession of the property a decree may be passed for possession.

(3.) Defendants 1 to 7 filed a joint written statement wherein they have denied that the suit church and its properties belong to or are under the control of C. S. I. and contended that it belongs to L.M. Christians of Andarkulam. They further contended that it is true that some Churches joined the C.S.I. in 1947 but not the Andarkulam Church which continued as L.M. Church. Any transaction that purports that the suit church has been transferred to C. S. I. is not true and valid and not binding on the church or its members because such transfer was not authorised. It is then contended that it is true that the first plaintiff was a pastor and plaintiffs 2 to 7 were descons of the Church and members of the Church committee but they have ceased to be so on and from 5-7-1970. The churches and its properties have been administered by the present Church committee constituted by the defendants 1, 2, 4 and 6 and others. They have been elected in a meeting held on 12-7-1970. It is denied that any of the defendants ever formed themselves into an unlawful assembly and broke open the lock of either the gate or the church door. There is no member in the Church who belongs to the C.S.I. and the plaintiff only are calling themselves as members of C.S.I. from 4-7-1970, and they never conducted any service in the Church after 5-7-1970. It is further contended that the question of possession of church was never an issue in O.S. No. 1 of 1960 and the decision if any about possession in that suit is without jurisdiction and incompetent and does not operate as res judicata.