'Shameful, Nothing To Do With Christ's Teachings' : Supreme Court On Dispute Between Christian Groups

A Bench of Justices KM Joseph, BV Nagarathna and JB Pardiwala was hearing an SLP against a Madras High Court order passed in December, 2021 which dealt with the question of adverse possession of certain properties between LMS and CSI.

While hearing the matter, Justice Joseph verbally remarked that the dispute in the present petition had nothing to do with the teachings of Jesus Christ, the founder of the faith.

“Kindly, from time to time, remind yourself what the you are fighting about. I thought you are talking about your faith. What is it that the founder of your faith as taught you? Has it got anything with what you are doing? It's shameful, actually.  I cannot be saying this because I also used to represent some of these parties. But somewhere down the line you have to find a balance”.

The London missionary society was introduced in India around 1800. The LMS corporation was established for better holding of properties and was registered in 1922. In 1908, the South Indian United Church association was formed associating with the London mission society.

In 1947, the CSI was formed with the union of SIUC and other protestant denominations.

The CSI decided that all members of the LMS are automatically converted to the CSI by the merger. About twenty years later, the properties held of LMS held by the LMS Corporation as trustees were transferred to the CSI without any benefits to the LMS members while an original suit regarding the properties was pending before the Court.

Arising out of the CrPC provisions, a criminal proceeding was initiated and the District Magistrate found the possession of the land with the LMS Christians of Kristucoil, Palliyadi.

A revision petition was filed before the High Court which came to be dismissed.The LMS' possession in the property attained finality. Then another petition was filed before the High Court with regard to the property; it was ruled against the Palliyadi Church belonging to the LMS community.

According to the petitioner, the High Court should've observed that the title of the plaint property was not with the CSI and that properties cannot be transferred via a mere resolution. And, that the members of the LMS cannot be automatically converted to CSI based on an invalid merger.

"The concept of automatic conversion of faith is erroneous", the plea stated.

It was also argued that the Palliyadi church never allowed the interference from the CSI institution and that it never accepted the rites or supremacy of the CSI Bishop.It is the church's case that it is an independent congregational church and it did not join the CSI Union in 1947. 

Case Title: A Yopu Vs Church Of South India Trust Association