V ASIRVATHAM DECEASED Vs. RT REV G CHIRSTDOSS

JUDGEMENT

(1.) THESE three Second Appeals are filed by the respective defendants in three suits. Second Appeal No. 592 of 1996 arises from O.S. No. 50 of 1977, on the file of Sub Court, Nagercoil. Second Appeal No. 593 of 1996 arises from O.S. No. 93 of 1977, on the file of Sub Court, Padmanabhapuram, and Second Appeal No. 594 of 19% arises from O.S. No. 26 of 1979, on the file of Sub Court, Kuzhithurai. Even though all the three suits were disposed of separately by the trial court and separate judgments were delivered, when the matter was taken on appeal before the first appellate court, all the appeals were clubbed together and were disposed of by a common judgment. Since, in these Second Appeals, common questions of law have been raised for consideration, they are clubbed together for disposing of the claims put forward by the appellants.

(2.) WHEN the above Second Appeals came for admission, respondents, who had already filed caveat, wanted to be heard and, therefore, the entire matter was heard at the admission stage itself.

(3.) THE material common facts which are the subjectmatter of all these proceedings can be stated thus:- THE protestant Churches in Travancore were originally known as "London Mission Churches", since they were founded by Missionaries sent out by London Missionary Societies. THE same were founded in 1795 and the first Missionary sent out by the Society to India was one Rev. Ringeltaube. He converted a large number of persons in the Travancore area to the Christian faith. He was succeeded by Rev. Mead who founded many of the Protestant Churches in Travancore. In 1863, with a view to co-ordinate the activities of the missionaries and to ensure efficient working of the Missions, the Society directed the missionaries to form in all Mission centres District Committees and issued general regulations in that behalf. Similar missionaries were sent to other parts of India also, and various Churches were founded by the Missions. By the end of 19th Century, there came into being a strong movement for the unity of churches in India. At a conference held in 1919, called the Tranquebar Conference, the possibility of a union with Episcopal churches subject to certain cardinal principles was envisaged. Negotiations continued thereafter for a long time and after prolonged discussions in various committees and general body meetings, a proposal emerged. This proposal was approved by a meeting of the Church Councils in 1946. THE resolution for the union was placed before a General Assembly in September 1946 and was passed by an overwhelming majority, and the Church of South India was formed. It is seen that the Church of South India was formally inaugurated at St. George Cathedral, Madras, and, on 26.9.1947, the Church of South India Association was incorporated under Indian Companies Act. After the formation of the Trust, all the assets were taken over by it and thus the London Mission Society was wound up. Certain members who were against the merger of the London Mission Society with the newly formed Church of South India Trust filed suits and one such suit was O.S. No. 1 of 1960, on the file of the Subordinate Judge's Court, Nagercoil. That suit was filed by five individuals under O. 1, R. 8, C.P.C. for a declaration that the subject matter of the suit or Trust properties of the London Mission Society, a total number of 456 Churches situated in various parts of Madras and Kerala were scheduled therein. THE subject matter of these three suits are admittedly the subject matter included in O.S. No. 1 of 1960. In that suit, the plaintiffs claimed a declaration that the plaint properties are trust properties of the London Mission Church, and for consequential reliefs.