20 of 1976 arising out of O.S.No.
A suit O.S.No.
On behalf of the Council for World Mission, the successor of LMS, it was submitted that the judgment of the Andhra Pradesh High Court dated November 9, 1970 in A.S. No.
These suits were companytested by the appellant on the ground that TCC was a companystituent body of SIUC and that as a result of the decision taken by SIUC at the General Assembly level and the TC at the Council level, the TCC had merged in the Church of South India on June 19, 1947 and thereafter it had ceased to exist and the respondent Council, as a subsequently registered body, had numberconnection with original TCC.
This fact of merger of TCC into the Church Union, as claimed by the appellants, is, however, disputed by the respondent who claims that the resolution was number passed by two third majority and that TCC into the Church Union, as claimed by the appellants, is, however, disputed by the respondent who claims that the resolution was number passed by two third majority and that TCC has companytinued to exist.
of the Church of South India.
13382.130.
12 of 1964, wherein a decree was sought that the defendants or either of them be directed to render an account to the plaintiff TCC of the funds deposited in various accounts with the defendant Bank in the joint name of TCC and LMS and standing to the credit as up to date and for a decree in favour of TCC against the defendants for recovery of such sums of money as may be found due on taking account and also for delivery of such securities and deposits that should be belonging to TCC and held by the defendant Bank.
Feeling aggrieved by the said judgment of the High Court the appellant has filed these appeals.
48,500/ and for a direction to the Ist defendant to pay to the plaintiffs the sum of Rs.
Subsequent to June 19, 1961, there arose disputes between the respondent and LMS as well as the appellant in relation to properties of the churches in the districts of Cuddapah and Anantpur in Andhra Pradesh.
41 of 1968 was filed by the respondent in the Court of the Subordinate Judge, Cuddapah against the appellant and others for a declaration that the plaintiff respondent herein is entitled to hold the suit properties and institutions as a trustee for the benefit of the Congregationalist churches in Cuddapah district and for a direction to the defendants to put the plaintiff in possession of the same.
The learned Judge held that TCC had voluntarily ceased to exist and had merged with Church of South India inaugurated on September 29, 1947 and that the first defendant association respondent herein which was registered only on June 29, 1949 does number represent the old TCC which was merged in the Church on South India.
135 of 1968 was subsequently transferred to the Court of Subordinate Judge, Cuddapah and it was renumbered as O.S. 26 of 1970 and it was tried alongwith O.S. 41 of 1968.
The case of the appellants is further that on September 28, 1946, SIUC resolved to enter into Church Union on the basis of the scheme prepared by the Joint Committee and on February 12/13, 1947 the Executive Body of TCC at its meeting held at Gooty resolved to form a Continuation Committee to carry on TCCs work until the formation of Diocesan Council as per the scheme of Union and to wind up the affairs of TCC and that on June 26 to 28, 1947 resolutions were passed in TCC General Body meeting at Cuddapah to joint the Union and to dissolve TCC from that day and that TCC ceased to exist thereafter and Continuation Committee companystituted by resolution dated February 12/13, 1947 took over its activities until merger.
The learned Judge was, however, of the view that the judgment of the Andhra Pradesh High Court dated November 9, 1970 in A.S. 31 of 1967 operates as res judicate and he, therefore, dismissed the suit on ground that it was barred by res judicate.
LMS missionaries, in companyrse of their activities, started churches, hospitals, educational institutions in various parts of India.
2 of 1961 , hereinafter referred to as the first suit, was filed by the respondent against LMS and the Chartered Bank, Madras, in the Court of Subordinate Judge, Cuddapah which suit, on transfer to the Court of Second Additional District Judge, Cuddapah, was numbered as O.S.No.
The learned Judges held that the appellant and the Rayalaseema Diocesan Council, plaintiffs in the suit, were number the parties in O.S. No.
1, the plaintiff in the said suit.
On June 29, 1949, TCC was registered as a Society under the Societies Registration Act.
The apeals A.S. NO.
A.No.3/94 is allowed and the legal heirs of the petitioner as mentioned in the application are brought on record.
20 of 1976 filed by the appellant it was held that the said decision would number operate as res judicate since numbercourt in the State of Tamil Nadu can claim to exercise jurisdiction in respect of properties situate within the State of Andhra Pradesh.
SIUC became the apex body of various Church Councils.
107 of 1971 operates as res judicata so as to preclude the respondent from asserting that the T.C.C. had number merged in the Church of South India ii Whether the judgment of the Andhra Pradesh High Court dated November 9, 1970 in A.S.No.
31 of 1967 by the Division Bench of the Andhra Pradesh High Court by judgment dated November 9, 1970.
The said suit was companytested by LMS on the ground that by resolution dated June 19, 1947 TCC had dissolved itself and had ceased to exist and, therefore, the plaintiff respondent herein had numberright to bring an action.
31 of 1967 was number binding on the appellant as it was number a party to the said suit.
The case of the appellant is that LMS ceased to exist on June 1, 1966 as having merged in the Congregation Council for World Mission.
In 1908 the churches founded by different Missionary Societies, including LMS in South India, unitedly formed a single body known as South India United Church for short SIUC .
The said judgment of the Second Additional District Judge, Cuddapah was affirmed in appeal A.S. No.
WITH Special Leave Petition C No/96 CC 214 73/93 J U D G M E N T C. AGRAWAL, J. Special Leave granted in S.L.P. C Nos.
O.S. No.
In the meanwhile, the respondent had filed the two suits giving rise to these appeals.
The said suit was decided by a learned judge of the High Court Vardarajan J., as the learned Judge then was by judgment dated March 24, 1975.
31/80 filed by respondent No.
12 of 1964 which was companyfirmed by the Division Bench of the Andhra Pradesh High Court in the judgment dated November 9, 1970 in A.S. No.
26 of 1970 filed by the Telegu Church Council for short TCC , respondent herein, in respect of properties of companygregationalist churches in the districts of Cuddapah and Anantpur in the State of Andhra Pradesh.
On February 10, 1961, LMS transferred the properties in the Cuddapah and Anantpur districts in favour of CSITA.
26 of 1970 and by the impugned judgment the said properties have been held to be of respondent No.
On September 27, 1947, the Church of South India was inaugurated by special service held at St. George Cathedral, Madras and on September 26, 1947 Church of South India trust Association for short CSITA , appellant herein, was incorporated under the Indian Companies Act, 1913 as trustee for the purpose of holding and administering the properties, funds, etc.
These appeals arise out of two suits O.S. No.
The case of the respondent in these two suits O.S. 41 of 1968 and O.S. 26 of 1970 was that the churches founded by LMS are Congregationalist churches and TCC is the Council representing the Congregationalist churches founded in Telugu speaking area of Madras Presidency and that the LMS and TCC jointly set up the Telugu Combined Committee for managing properties and institutions with equal number of representatives and that the Church of South India was formed in 1947 with a view to uniting several denominational church es and even though TCC originally approved the scheme to join the Church of South India it ultimately declined and that the transfer of properties by LMS in favour of the appellant by deed dated February 10, 1961 would amount to disclaimer of trust and breach of trust since these properties were held in trust for the Congregationalist churches by the LMS.
26 of 1970 was in respect of properties situated in Anantpur district.
21473/931 Delay companydoned.
K. John, representing TCC, respondent herein, and the Chartered Bank, Madras, on the original side of the Madras High Court for a declaration that the plaintiffs are entitled to moneys and securities held by the defendant Bank in its LMS TCC joint account as in 1947 and for a direction to the defendant Bank to pay to the plaintiffs the securities held in the said joint account or to release Rs.
12/64 and LMS which was the first defendant in O.S. No.
The Subordinate Judge also rejected the companytention regarding the suit being barred by limitation.
TCC was one of the Church Councils sunder SIUC in respect of churches in the Telugu speaking area of the former Madras Presidency.
O.S. No.
107 of 1971 , hereinafter referred to as the second suit, was filed by the appellant and the Rayalaseema Disocescan Council against the REV.
The Subordinate Judge further held that the judgment of the Division Bench of the Andhra Pradesh High Court dated November 9, 1970 in A.S. No.
The matter in issue between the parties is regarding the merger of TCC in the Church of South India because the case of the appellant is that the original TCC had merged in the Church of South India and has dissolved itself in June 1947 and that respondent which was registered as a society in 1949 is number the same tcc while the respondent disputes the merger and dissolution of the original TCC and claims that the TCC companytinued to exist.
The London Missionary Society for short LMS was founded by people belonging to different Protestant Christian Denominations in England in 1795 for spreading the Christian faith in various companyntries including India.
The High Court has held that the appellant is litigating as successor in interest of LMS and that the finding on the issue as regards merger recorded by the Additional District Judge, Cuddapah, in his judgment dated December 3, 1966 in O.S. No.
the London Missionary Society and that Churches founded by LMS were Congregationalist churches and, therefore, the suits filed by the respondent seeking declaration to hold the suit properties and institutions as trustee for the benefit of Congregationalist churches was maintainable.
31 of 1967 binds the appellant.
As regards the decision of the Division Bench of the Madras High Court dated September 2, 1976 in O.S.A. No.
The appeals A.S. Nos.
135 of 11968 was filed by the respondent in the Court of the Subordinate Judge, Anantpur against the appellant and LMS for a declaration that the plaintiff respondent herein is entitled to hold the suit properties and institutions as a trustee for the benefit of the Congregationalist churches in Anantpur District and for a direction to the defendants to put the plaintiff in possession of the same.
The case of the appellant is that on June 29, 1945, pursuant to the efforts to bring about a larger union of Churches involving SIUC, the Church of India, Burma and Ceylon and Methodist Church of South India, a scheme of union was proposed and the said proposal of union was discussed both at the level of various Church Councils as well as at the level of SIUC General Assembly and that TCC, at a meeting, accepted the recommendation of its Executive Committee and resolved by two third majority to accept the scheme of Church Union.
12/64 companyld number have represented the Church of South India.
Another suit O.S. No.
The other suit S. No.
31 of 1967 operates as res judicate and that the subsequent judgment of the Division Bench of the Madras High Court in O.S.A. 20 of 1976 dated September 2, 1976 on the issue of merger of TCC in the Church of South India would number operate as res judicate.
12 of 1964 decided in favour of the respondent and S. No.
623 24 of 1979 filed by the appellants against the said judgment and decree of the Subordinate Judge were dismissed by the Andhra Pradesh High Court by judgment dated June 16, 1992.
623 and 624 of 1979 filed by the appellant against the said judgment and decree of the Subordinate Judge, Cuddapah, have been dismissed by the Andhra Pradesh High Court by the impugned judgment dated June 16, 1992.
The High Court has held that LMS land LMSC were one and the same body, viz.,
It was also companytended by the appellant that all the properties were vested in LMSC as Trustee and that LMS was only a beneficiary and that the respondent is number entitled to represent the Congregationalist churches of Anantpur and Cuddapah districts and the suit is barred by limitation.
41 of 1968 was in respect of properties and institutions situated in Cuddapah district and O.S. No.
623 of 1979 is that the petitioner is claiming title on the basis of adverse possession and enjoyment in respect of certain immovable properties lying in District Anantapur and that the said properties have been included in the schedule to the plaint of the Suit No.
It is submitted that the petitioner was number impleaded as a party in that said suit and that in respect of the properties over which the petitioner is claiming title by adverse possession another suit O.S. No.
The said suit was decreed by the Second Additional District Judge, Cuddapah by his judgment dated December 3, 1966.
Therefore, the questions which fall for companysideration in these appeals are i Whether the judgment of the Madras High Court dated September 2, 1976 in Appeal O.S.A. No.
The grievance of the petitioner in this petition for special leave to appeal against the judgment date June 16, 1992 passed in Appeal No.
14501 02 of 1992.
On appeal the Division Bench of the Madras High Court in its judgment dated September 2, 1976, in O.S.A. 20 of 1976, while companyfirming the view of the learned trial Judge on the question of merger of TCC in Church of South India, set aside the finding that the suit was barred by re judicate and decreed the said suit in favour of the plaintiffs.
Both the suits were decreed in favour of TCC by the Subordinate Judge, Cuddapah by judgment and decree dated May 7, 1979.
41 of 1968 and O.S. No.
Both the suits filed by the respondent were decreed by the Subordinate Judge, Cuddapah on May 7, 1979 on the ground that LMS was a Trustee and number a beneficiary and there was numbermerger of TCC with the Church of South India.
In 1899 the London Missionary Society Corporation for short LMSC was registered as the Trustee under the Companies Act of the United Kingdom for administering the properties of LMS.
O.S. No.
107 of 1971 decided in favour of the appellant.
