REV. PAIKAS XESS Vs. G.E.L. CHURCH

JUDGEMENT

(1.) This second appeal is directed against the judgment dtd. 19/1/2015 passed in Title Appeal No. 14 of 2013, by the Principal District Judge, Gumla, affirming the judgment and decree dtd. 18/3/2013 and 2/4/2013 passed by the Civil Judge, Senior Division-II, Gumla in Title Suit No. 36 of 2003 decreeing the suit of the plaintiffs for declaration of their title and the ejectment of the defendants from the suit property situated in Khata No. 126, Thana No. 47, plot Nos. 401, 403 and 376 measuring .31 acres comprising of land with building situated in village Chetar, P.S. and Distt. Gumla.

(2.) The respondents in the present appeal are the plaintiffs who instituted the suit for declaration of their title and ejectment of the defendants from the suit property and for recovery of possession. The plaintiffs pleaded that they are religious and charitable society viz. G.E.L. Church Society. That five dioceses of the society were created for controlling and managing the activities of the society spread over the country. It is stated that the suit property was recorded in the revisional survey record of rights in the name of Board of Trustees, G.E.L. Church. That the defendants society, viz. North West G.E.L. Church is managed and administered by the defendants. It is averred that on the request of the defendant the plaintiffs provided temporary accommodation in the suit property to the functionaries and officials of N.W.G.E.L. Church, but when the plaintiffs asked the defendants to handover the vacant possession of the suit land, the defendants refused to vacate the suit property whereupon the plaintiffs sent notice dtd. 1/8/2003 for vacating the suit premises but the defendants did not pay any heed, where after a pleader's notice dtd. 21/8/2003 was sent to the defendants but the defendants refused to vacate the suit land. Consequent thereto, the suit was instituted against the defendants/appellants.

(3.) The defendants/appellants contested the suit and filed the written statement pleading that the society N.W.G.E.L. Church was part and parcel of the plaintiff G.E.L. Church. That due to differences and disputes with respect to the management and control of G.E.L. Church and the property spread over the country, the management and administration of the GEL Church in 1960 was bifurcated into anchals. That the administration of North-West Anchal was handed over to the management committee consisting of the Oraon Tribes and the other anchals were under the administration of Munda Tribes. That in the year 1977, the internecine differences grew to such an extent that the defendant constituted a separate society under the name and style of North Western Evangebial Lutheran Church (NWGEL). That NWGEL Church adopted its own constitution and the defendant-society since 1960 and after 1978, are in possession of the suit property and managing and administering the properties as the owners of the property.