S.C.Agrawal, J. - (1.) Special leave granted in S.L.P. (C) Nos 14501-02 of 1992.
(2.) These appeals arise out of two suits (O.S No 41 of 1968 and O.S No. 26 of 1970) filed by the Telegu Church Council (for short 'TCC'), respondent herein. in respect of properties of congregationalist churches in the districts of Cuddapah and Anantpur in the State of Andhra Pradesh. O.S. No. 41 of 1968 was in respect of properties and institutions situated in Cuddapah district and O.S. No. 26 of 1970 was in respect of properties situated in Anantpur district. Both the suits were decreed in favour of TCC by the Subordinate Judge. Cuddapah by judgment and decree dated May 7, 1979. The appeals (A.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 judgement dated June 16,1992.
(3.) The London Missionary Society (for short 'LMS') was founded by people belonging to different Protestant Christian Denominations in England in 1975 for spreading the Christian faith in various countries including India. LMS missionaries, in course of their activities, started churches, hospitals educational institutions in various parts of 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. 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'). SIUC became the apex body of various Church Councils.TCC was one of the Church Councils under SIUC in respect of churches in the Telugu speaking area of the former Madras Presidency. 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. The case of the appellants is further that on September 28, 1946, SIU 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 TCC's 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 join the Union and to dissolve TCC from that day and that TCC ceased to exit thereafter and Continuation Committee constituted by resolution dated February 12/13, 1947 took over its activities until merger. 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 not passed by two-third majority and that TCC has continued to exist. 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. of the Church of South India. On June 29, 1949, TCC was registered as a Society under the Societies Registration Act. On February 10,1961 LMS transferred the properties in the Cuddapah and Anantpur districts in favour of CSITA. The case of the appellant is that LMS ceased to exist on June 1, 1966 as having merged in the Congregation for World Mission.;