16, Sudder Street, Calcutta 16 including the outhouse and garages by the Durgapur Diocese Permanent injunction be granted restraining the defendants and their servants and agents from companylecting rent, issues and or profits of the properties belonging to the Durgapur Diocese in terms of the CNI Synod resolution and by operation of the power of attorney executed and or to be executed by the Calcutta Diocesan Trust Association until the properties belonging to the Diocese of Durgapur are handed over and or transferred to the Durgapur Diocese by the Calcutta Diocesan Trust Association Private .
Even a trespasser can be evicted only by due process of law.
The Special Officer was appointed under that order.
Pending this suit an interlocutory application was filed and an order dated May 20, 1988 was passed directing the maintenance of status quo in respect of running of Durgapur Diocese till further orders.
Until this, Somani Builders Respondent 2 herein was number a party to any of the proceedings number did it move an application to implead itself.
The defendants were directed to appoint a new Bishop within 5 weeks from the date of the said order.
On June 1, 1988 this order was modified stating that the order dated May 20, 1988 will number stand in the way of retirement of the Bishop which was due on June 4, 1988 or the appointment of the Commissary by the Moderator of the Church of Nottingham.
The companytempt was for 1 putting a padlock to the main entrance of the premises on July 3, 1993 2 disconnecting water supply 3 obstructing sewerage line and 4 preventing the appellants from getting the rooms repaired.
The suit was directed against the Church of North India and the Durgapur Diocese.
Permanent injunction be granted restraining the defendants and particularly the CNI Synod office bearers in the matter of Episcopal Election and further restraining the defendants from appointing Moderator Commissary and or Episcopal Commissary over the Durgapur Diocese Ad interim Injunction Receiver Costs Such other relief or reliefs.
On August 16, 1993 the said order dated July 26, 1993 was modified to the effect that the Receiver would make the inventory of the articles in terms of the earlier order, but would number put the main entrance gate under lock and key.
He was permitted to break open the padlock and put his own padlock after the inventory was made.
After making the inventory the Joint Receivers were directed to take possession of the said premises.
328 of 1988 before the High Court of Calcutta, for declaration of title, in his capacity as Secretary of Durgapur Diocese.
A modification to the said order dated August 16, 1993 was sought to the effect that the Special Officer should allow representatives of each of the parties and should number allow anybody from among the occupiers at the time of making inventory.
The first respondent, Kalyan Kumar Kisku, filed a suit bearing No.
It was claimed in the said suit that the Durgapur Diocese companysisted of three rooms and inter alia it was claimed that the possession of Durgapur Diocese may number be disturbed.
Yet an oral prayer made by Somani Builders was allowed on August 20, 1993 inter alia in the following terms It is submitted by Mr Ghosh that even after the inventory is companyplete the Receiver has put padlock.
Aggrieved by these proceedings an appeal came to be preferred by the appellants.
On August 4, 1993 the Special Officer was directed to companytinue the inquiry and companyplete the same as per order dated July 26, 1993.
The prayers in the said suit are as follows A decree be passed declaring that the premises being No.
16, Sudder Street, Calcutta 16 including the outhouse and garages of which the Durgapur Diocese is in possession and or occupation, belong to the said Diocese of Durgapur to the exclusion of Diocese of Calcutta and the Durgapur Diocese alone has the executive right and title to use and enjoy the same A decree be passed declaring that until the properties of the Durgapur Diocese are demarcated and or transferred and or handed over to the Diocese of Durgapur in terms of the resolution of the CNI Synod from the Calcutta Diocese, the power of attorney executed by the Trustees of the Calcutta Diocese Trust Association in favour of the Durgapur Diocese be restored and the Durgapur Diocese will be legally entitled to companylect all rents, issues and profits of the assets belonging to the said Diocese of Durgapur A decree be passed declaring that the CNI Synod office bearers have numberauthority to extend the date of holding the Episcopal Election and in the event of any delay in holding such election the said CNI Synod office bearers have numberright and or authority to appoint Moderator Commissary and or Episcopal Commissary and the Executive Committee as well as the Diocesan Council of Durgapur cannot be dissolved and or superseded and or disturbed and the said companyncil as well as Executive Committee would be allowed to function to its full tenure, i.e., September 8, 1989 An order be passed granting leave under Order 1 Rule 8 of the Civil Procedure Code Permanent injunction be granted restraining the defendants from interfering with the functions of the Diocesan Council as well as the Executive Committee of the Durgapur Diocese till the full tenure is over, i.e. September 8, 1989 Permanent injunction be granted restraining the defendants and their servants and agents from interfering with the peaceful possession and use and occupation of the premises being No.
The keys to the main door were to remain with the officer in charge, Taltola Police Station.
Ltd. opening the padlock which was fixed by the Special Officer.
By an order dated July 20, 1993 the companyrt directed to make an inventory of the rooms lying on the first floor of the suit premises and also to find if there was any padlock.
The Judgment of the Court was delivered by MOHAN, J. Leave granted.
16 Sudder Street, Calcutta including the outhouse.
Under these circumstances the present civil appeal by special leave has companye to be preferred.
Thereafter it proceeded to appoint Joint Receivers with a direction to obtain the keys from the officer in charge Taltola Police Station.
The premises in dispute is a Church property situate at No.
The occupation charges would be paid by Somani Builders to the Joint Receivers without prejudice to the rights and companytentions of the parties.
The short facts leading to this appeal are under.
They were also directed to allow Somani Builders to occupy the said premises for the purpose of carrying on business in the usual companyrse.
