REV A H LEGG Vs. JOTHIRAJ

JUDGEMENT

(1.) THESE appeals are connected. They arise from a batch of suits, some of which were tried by the District Munsiff of Nagercoil and some by the District Munsiff of Kuzhithurai. The common point in all the suits is the validity of what has become well known in the history of Christian Missions in South India, namely, the union of the Protestant Christian Churches to form the Church of South India (C.S.I. for short) which culminated in 1950. The Union was an event of very great importance in Church history and affected a vast number of adherents to Christianity in the southern part of India. So far as the present suits are concerned, the contest has arisen consequent upon crucial decisions taken by certain representative bodies, which led to the union of over four hundred churches of the London Mission Society (L.M.S.) in South Travancore with the aforesaid Church of South India.

(2.) SRI Nambirajan, the District Munsiff of Nagercoil who decided the majority of the suits came to the conclusion that the Church union was net valid, for the main reason that the "fundamental principles" as they have been called, of the L.M.S. churches, did not conform to the fundamental principles of the C. S. I. SRI. Krishnaswami lyer, the District Munsiff of Kuzhithurai who tried the remaining suits came to an opposite conclusion. Of course, the form in which the decrees in the various suits took final shape depended upon some other distinguishing features like actual possession of the church and its properties in each of the suits. Reference to this will be made in its proper place later on in this judgment. The learned District Judge of Kanyakumari, to whom the aggrieved parties appealed, upheld the finding of the District Munsif, SRI. Nambirajan about the invalidity of the church union and reversed the finding of the District Munsif, SRI. Krishnaswami Iyer. He made also certain modifications in the decree passed by the trial court. It is against the decision of the District Judge that the present second appeals are filed.

(3.) THE plaintiffs in O.S. 98 of 1958 are two members of the pastorate of the Nagercoil L.M.S. Church. THE 1st plaintiff died in the course of the proceedings and his son was added as the third plaintiff. THE plaintiffs, by an amendment of the plaint, were permitted to file the suit for themselves and also on behalf of the London Mission Christians of Travancore. THE 1st defendant Rev. Legg is a Britisher by nationality and is described as the President of the T.C.C. He is a missionary of the L.M.S. THE 2nd defendant is the Vice-President of the T.C.C. and is the pastor of the Nagercoil church. THE 3rd defendant is the Treasurer of the T.C.C. He is of British Nationality and is described as a missionary of the L.M.S. THE 4th defendant is the Secretary of the T.C.C. By an amendment subsequently ordered, the 5th defendant, namely, the T.C.C. represented by defendants 1 to 4, was impleaded. THE plaint alleged that the L.M.S. churches in South Travancore had their own doctrines and religious practices. THEse churches were started in 1805 by the L M. S. which was an interdenominational missionary enterprise for the propagation of the gospel of Christ. This L.M.S. was supported by the congregational churches of Great Britain. Hence the congregational system with its special practices and doctrines was established in the London Mission Churches in Travancore. In 1905, these L.M.S. churches entered into a union with other congregational churches as well as Presbyterian churches in South India, and there was formed a union called the South India United Church (S.I.U.C.) But that Union did not involve any interference in the congregational practices of the L.M.S. Churches. THE London Mission Churches were controlled by their own council namely the Travancore Church Council (T.C.C.) THE Methodises, another denomination of Protestant Christians in South India, also jointed the S.I.U.C. But the Church of India, Burma and Ceylon (C.I.B.C.) which is Anglican kept out of that union. It had its own doctrines. Episcopacy was one of its fundamental principles. In the year 1919 negotiations were started for a union between S.I.U.C. and the Anglican church in South India. A negotiating body called the Joint Committee of the churches concerned was constituted. A draft scheme of the proposed Union was issued in 1929. With the progress in negotiations, this draft scheme under-went modifications from time to time, but in the main according to the plaintiffs various doctrines of the Anglican church which were fundamentally opposed to the congregational doctrines of the Travancore London Mission churches, came to be incorporated in the scheme. It was such a scheme that was finally approved of by the meeting of the T.C.C. held in September, 1946. At that meeting the decision to unite was taken by a vote, 116 for and 39 against. THE T.C.C.; in an earlier resolution had prescribed that there should be a majority vote at least of 75% of the members present at the meeting for achieving the union. This majority was not reached at several successive meetings and therefore the resolution had failed; but on the particular date in September, 1946, when the votes mentioned above were cast, the majority worked out to 74.84%, In other words, even then, the prescribed 75% was not reached. But by a separate resolution of the T.C. C., it was decided that this 74.84% should be taken as adequate for the purpose of getting the resolution passed. THErefore it was deemed as passed. THE plaintiffs opposed the Union on the principal ground that the Church of South India had fundamental principles wholly opposed to the principles of Congregationalism followed by the London Mission Christians of Travancore whom the plaintiffs represent. Consequently the union was ultra vires and illegal. Secondly, it was contended that the procedure which the T.C.C. adopted for passing the resolution as for initiating the union was irregular and ultra vires.