Most. Rev. P.M.A. Metropolitan & Ors Vs. Moran Mar Marthoma & Anr [1995] INSC 290 (20 June 1995)

Sahai, R.M. (J) Sahai, R.M. (J) Jeevan Reddy, B.P. (J) Sen, S.C. (J) R.M. Sahai.J.

CITATION: 1995 AIR 2001 1995 SCC Supl. (4) 286 JT 1995 (5) 1 1995 SCALE (4)1

ACT:

HEAD NOTE:

J U D G M E N T

When Lord Jesus Christ was asked by a youngman who was possessed of property what was the road to heaven, the Holy Bible records it in Chapter 19 of the New Testament - the Gospel According to St. Mathew thus.

"16. And, behold, one came and said unto him, Good Master, what good thing shall I do, that I may have eternal life?

17. And he said unto him, Why callest thou me good? there is none good but one, that is, God: but if thou wilt enter into life, keep the commandments.

18. He saith unto him, Which? Jesus said, Thou shalt do no murder, Thou shalt not commit adultery, Thou shalt not steal, Thou shalt not bear false witness,

19. Honour thy father and thy mother: and, Thou shalt love thy neighbour as thyself.

20. The young man saith unto him, All these things have I kept from my youth up: what lack I yet?

21. Jesus said unto him, if thou wilt be perfect, go and sell that thou hast, and give to the poor, and thou shalt have treasure in heaven: and come and follow me.

22. But when the young man heard that saying, he went away sorrowful: for he had great possessions".

Turning 'away sorrowful', is the long and short of this litigation between two rival groups of Jacobite Christian Community of Malabar which has been going on for more than hundred years apparently for religious and spiritual supremacy over the Church but really for administrative control and temporal powers over vast assets which have accumulated out of 3000 star pagodas created in Trust in 1808 for charitable purposes by one Moran Mar Marthoma VI popularly called `Dionysius the Great'. This is the third round between the parties in this court, the two earlier being in 1954 and 1959. While deciding the appeal in 1959 this Court had observed that the dispute had been going on for a considerable length of time which has brought in its train protracted litigation involving ruinous costs. The effect of the decision was that for sometime both the parties resolved their differences by mutual adjustment, but `those who hoped - fondly, as events have proved, that the decision of the Supreme Court in Moran Mar Basselios Catholicos v. Thukalan Paulo Avira & others (1958 K.L.T. 721) = AIR 1959 SC 31 and the reported reconciliation following upon that decision would give the quietus to the litigation, prolific, prolonged and ruinous, arising out of the faction in the Malankara Jacobite Syrian Church between what is known as the Patriarch's Party on the one hand and what is known as the Catholicos' Party on the other, counted without the resourcefulness of those entrenched in and of those covetous of positions of power, and we dare say, of profit, and of those who, for one reason or another, have a vested interest in the continuance of the dispute,' [Raman Nayar, J. in Appearl Suit No. 269 of 1960 decided on 3rd April 1964].

How the much negotiated peace and quiet arrived at by written adjustments worked out by issuing letters from both the groups was shaken even before expiry of 15 years since the judgement was delivered by this Court in September, 1958 and what leld to filing of numerous suits eight of which were consolidated by the Additional. District. Judge but were heard and decided by a learned Single Judge of the High Court, as they were transferred under orders of this Court, and were ultimately decided in appeal and cross objections by the Division Bench giving rise to these appeals and various legal issues including whether the suit under Section 9 of the Code of Civil Procedure was maintainable, effect of Places of Worship (Special Provisions) Act, 1991 and whether the decision in earlier suit filed by the appelants operated as res judicata can be, better, appreciated if the history how the Malankara Church came to be established, what is its nature and how the two groups Patriarch of Antioch and Catholicos came to be formed leading to internecine struggle and litigation may be noticed in brief. The adversorial duel between the two rival groups has assumed so much of publicity that it has found place even in the Encyclopedia of Religion. It may be prefaced with brief observations about the Christian religion and the Church.

Religion is founded on faith and belief. Faith emanates from conscience and belief is result of teaching and learning. Christianity is `a religion that traces its origins to Jesus of Nazareth, whom it affirms to be the chosen one (Christ) of God' [Encyclopedia Britannica, Volume 5, Page 693]. `It is embodied both in its principles and precepts in the Scriptures of the Old and New Testaments, which all denominations of Christians believe to be a Divine revelation, and the only rule of faith and obedience' [Faiths of the World by James Gardner, Volume 1, P. 516]. It is `a historical religion. It locates within the events of human history both the redemption it promises, and the revelation to which it lays claim' [The Encyclopedia of Religion, Volume 3, p. 348]. `In its origin Christianity is Eastern rather than Western. Jesus was a Palestinian Jew, and during the early, formative centuries of the church's life the Greek and Syriac East was both numerically stronger and intellectually more creative than the Latin West.

Christianity came to India many centuries before it reached Europe as it is believed that St. Thomas, one of the original apostles of Jesus Christ, visited India in 56 A.D. and found the first Christian settlement in the South' [Religion in India by Dr. Karan Singh]. In A.D. 37 Apostolic See at Antioch was established by St. Peter to whom the stewardship of Church was entrusted by Lord Jesus Christ. It took root in Kerala within 20 years of the epoch making events in Jerusalem, the crucifixion, resurrection and ascension of the Lord Jesus Christ. St. Thomas, one of the 12 apostles of Jesus Christ visited India in A.D. 51/52 and established 7 Churches in the Malayalam speaking parts of South India. They are known as Malankara Jacobite (or orthodox) Syrian Church, "Malankara" means "Malayalam speaking" `The two Syrian Orthodox Churches in Syria and India, along with the Egyptian (Coptic), Ethiopian, and Armenian Churches, belong to the group of Ancient, or Oriental Orthodox, Churches, wrongly called "monophysite".

Their Christology is essentially the same as that of the Eastern Orthodox related to the patriarchate of Constantinople. They affirm the perfect humanity as well as the perfect divinity of Christ, inseparably and unconfusedly united in the divine-human nature of the person of Christ' [Encyclopedia of Religion, Volume 14, page 227].

Jacobite Church is, `a name which the Syrian Church assumes to itself. When the Syrian Churches are interrogated as to the reason of this name they usually allege that they are the descendants of Jacob' [Faiths of the World by James Gardner, Volume II). `Known to the West as Jacobites (after Jacob Baradeus, c. 500-578, the reorganiser of the West Syrians and Egyptians in the sixth century), the Syrian Orthodox Church is found mainly in Syria, Lebanon, Jordan, Turkey, India, the United States, the Federal Republic of Germany, and Sweden. In 1985 the total number of Jacobites, including 1.8 million Indians, was about 2 million, in two separate jurisdictions -- one with Patriarch Ignatius Zakka as head in Damascus, Syria and the other with Catholicos Mar Thoma Mathews I as head, in Kottayam, Kerala, India' [Encyclopedia of Religion, Volume 14 p. 227]. The word `church' refers both to the Christian religious community and to the building used for Christian worship' [Encyclopedia Britannica, Volume 5 page 739). The Christian religion is one, but, `Christians differ greatly in their beliefs about the nature of the church' [Encyclopedia Britannica, Volume 5, page 739] which was, `originally applied in the classical period to an official assembly of citizens.... In the Septuagint translation of the Old Testament (3rd-2nd centuries B.C.) the term ecclesia is used for the general assembly of the Jewish people especially when gathered for a religious purpose such as hearing the Law (Deut. ix, 10, xviii, 16; etc.) In the New Testament it is used of the whole body of believing Christians throughout the world (e.g., Matt.xvi, 18), of the believers in a particular area (e.g. Acts v, 11) and also of the congregation meeting in a particular house - the "house- church")' [Encyclopedia Britannica, Volume 5 page 739]. `The four marks or characteristics by which the church is said to be distinguished are recited in the creed - holy, catholic and apostolic'.

Coming to the history of Jacobite Syrian Church it is, both, fascinating and eventful. The long period stretching from A.D. 51-52 can be conveniently divided in three one, the religious and the formative period which saw the foundation of the church and the vicissitudes through which it passed. The second can be said to be the golden period, a period of affluence and prosperity, in which the church not only acquired assets and became financially rich but is also marked for administrative efficiency imparted by different metropolitans who were consecrated from time to time. But wealth breeds dissension, disharmony and discontent. And that is the unfortunate story of the last period beginning from 1879. More than 100 years have rolled by since then when the storm of strife for supremacy over the Church was taken to courts but the dust has not settled down till now.

The first two periods have been described by the Royal Court of Appeal as, `Grand Periods, the first commencing from the foundation of the church and ending with the overthrow of the Portuguese power in India sometime in 1663, and the second period commencing from that year or 1665 and extending to the period when the famous Mulunthuruthy Synod was held in 1876 which was remarkable for more than one reason, including the one which led to struggle for spiritual supremacy and administrative control over temporal matters of the Church through the courts. The events till 1876 have been discussed in great detail in the judgment of the Royal Court of Appeal. The period thereafter commencing from the last quarter of 19th century and beginning of 20th century is remarkable for creation of Catholicate of East in this country and framing of Constitution by the Malankara Association. All this is discussed in Moran Mar Basselios (supra).

Religious spirit was dominant in the first period.

Every move was religion oriented. The keen desire to delve more and more in spiritual than temporal matters was exhibited from time to time. Three important events took place during this long period. Although each was distance in time from the other but everyone was significant in its own way in shaping the future of the Church. The first, of course, was establishing of the Church by St. Thomas who exercised great influence and ordained two men as Arch - Deacons, one from each of the two respectable families, that is, Sankarapuri and Pakalomattiom. In A.D. 200 the devotees had written to Demetrius the Bishop of Alexandria, requesting him to send a teacher, to instruct them in the doctrines relating to the beliefs in Christ. The second in the sequence was significant not for the Syrian Church only, but for the entire Christian community. It was an epoch making event. The first eccuminical council was held in 325 A.D. at Nicea. Priests and prelates from all parts of Christendom were invited. Representatives of all dioceses in the Christian world attended the Synod. Christians of India were represented by their bishop or metropolitan known as Johannes, metropolitan of Persia and India. The council among other matters was concerned with matters relating to the revival and establishment of Christianity, revision of the scriptures and framing a Code of faith and rituals. But the most important decision, of far reaching consequence was that the ecclesiastical jurisdiction of the Christandom was settled under four ecclesiastical heads and four Patriarchs were appointed over four sees - Rome, Constantinople, Alexandria and Antioch. India was placed under the Patriarch of Antioch. The other decision taken was that the great metropolitan of the East was proclaimed as the Catholicos of the East. It was laid down that the Catholicos appointed at Tigris (Baghdad) shall manage the affairs of the Eastern churches subject to that Patriarch of Antioch was common and could exercise all the functions of Patriarchs. These decisions were enforced and the Patriarch of Antiouch started taking action upon it. Till about A.D. 1599 Bishops (who were called `episcopas' or Metropolitans) were deputed to Malabar from time to time by the Catholicate of the East in Persia and by the Patriarchs of other Eastern Churches for discharging spiritual functions like ordination of priests in the Malankara Church. But all other functions were carried on by the Indian born ecclesiastical dignitary known as the 'Arch-Deacon' who was not possessed of the full spiritual grace of a Bishop.

The next or the third important event during this period was the famous Koonan Cross Oath at Muttancherry sometime in 1664. It was final break away from the Roman Catholic influence which was being forcibly imposed on the followers of Syrian Church. Between 1599 to 1654 A.D. due to influence of the Portuguese political power in the East Coast of India, the Malankara Church was compelled to accept Roman Catholic supremacy i.e., the supremacy of the Pope of Rome. The tough resistance from the Syrian Christians resulted in adopting repressive measures by the Portuguese. The climax was reached in 1599 in the so-called Synod of Diamper. Books of the Syrians Christians were burnt and destroyed. All traces of Apostolic succession in their church were obliterated. The Portuguese arrested Mar Ignatius the Patriarch, at Mylapore, brought him in fetters to Cochin on way to Rome and ultimately he mysteriously disappeared believed to have been killed either by drowing or burning. This enraged the Syrians. They met at Mattancherry, took the famous oath at Koonan Cross and resolved that they shall never again unite themselves with the Portuguese who had without any scruple or fear of God murdered their holy Patriarch. This was in 1664. This event marks an epoch in the history of the Syrian church. It split the followers in two Punthenkoor and Palayakoor. The former became Jacobite Syrians following the creed of Patriarch of Antioch and the latter Roman Syrians following the Roman creed of the Pope of Rome. The Puthenkoor people after meeting at Mattancherry came to Alengad Church and, in obedience to the Station of Mar Ignatius consecrated Arch- Deacon Thoma with the title of Mar Thoma Metran.

With this commenced the second period. It, too, like the first was marked by few important events, which again have played vital role in the destiny of the Syrian Church.

The first was the ordination in 1654 of Mar Thoma Mitra as Marthoma I. Its significance lay as he was ordained as Metropolitan of Malankara by the Patriarch of Antioch through his delegate. From 1665 onwards, therefore, the ordination of the Malankara Metropolitan was carried on by the delegate of Patriarch of Antioch. The second important event took place in A.D. 1808 when a trust for charitable purposes was created by the then Malankara Metropolitan Mar Thoma VI (Dionysius the Great) by investing in perpetuity 3000 Star Pagodas (equivalent to Rs.10,500/-) in the British Treasury on interest @ 8% per annum. During this period the Church Mission Society, a missionary society of Protestant with headquarters in London, had come to Malabar and collaborated with the Malankara Church and had jointly acquired some properties. Disputes arose between this Society and the Malankara Church with regard to those properties and also to the beneficial interest arising out of the charitable deposit of 3000 Star Pagodas which were referred to arbitration and were settled by what is known as the `Cochin Award of 1840', which was the third important event of this period. This Award divided the properties between the two bodies allotting among other items 3000 star Pagodas to the Malankara Church. The properties so allotted to the Malankara Church were as per the Award to be administered by the trustees i.e.,

(1) the Malankara Metropolitan,

(2) a priest-trustee and

(3) a lay-trustee.

The effect of the Cochin Award was that the dispute between the Mission Society and the Syrian Church came to an end.

But it appears between 1808 and 1840 vast assets had been acquired with the trust created by Dionysius VI. These were controlled and administered by the person who was the head of the Church. Therefore, even though one Cheppat Dionysius, a locally ordained Metropolitan was in office, one Mathew Athanasius went to Syria in 1840 and got himself ordained as Metropolitan by the Patriarch of Antioch. Thus the seeds of strife were sown.

If 1654 is significant for commencement of local ordination by the delegate of Patriarch of Antioch then 1840 marked the beginning of emergence of struggle for supremacy over the Church between locally ordained Metropolitan and the one ordained by the Patriarch of Antioch. Disputes arose between M. Athanasius and C. Dionysius. To settle it the Patriarch of Antioch sent one Mar Yayakim Koorilos as his delegate. But Koorilose adopted a novel way of settling the dispute by excommunicating Mathew and appointing himself as the Malankara Metropolitan. Cheppat Dionysius withdrew in favour of Mar Koorilos, but Mathew Athanasius persisted in his claim. When these disputes came to the knowledge of Travancore Government it appointed in 1848 a Tribunal known as the `Quilon Committee' to settle the dispute. The Committee held in favour of M. Athanasius and he took over charge as the Malankara Metropolitan. It appears the Committee preferred Patriarch ordained Metropolitan over the local ordained as spiritual spirit was flowing, still, from Antioch. Even though the Quilon Committee decided in favour of Athanasius and he took over charge of the property but the local people were not satisfied, therefore, they appear to have persuaded one Joseph Dionysius to go to Syria and get himself ordained as Malankara Metropolitan. In 1865 Joseph Dionysius was ordained as the popular feeling was that M. Athanasius was leaning towards protestainism. M. Athanasius however refused to lay down the office. He continued as metropolitan and towards the end of his life he ordained his nephew or brother one Thomas Athanasius who on death of his brother assumed the office.

This bitter strife between the two forced the Patriarch to come to Malabar, as the conduct of Athanasius amounted to denial of his authority, and call a meeting of accredited representatives of all the Churches at Mulunthuruthy in 1876. It is popularly known as `Mulanthuruthy Synod'. This is the most important event not only of this period, but in the entire history of Syrian Church. Many resolutions taking important decisions were adopted. At the Synod the Syrian Christian Association popularly called the `Malankara Association' was formed to manage the affairs of the Churches and the community. It constituted the Malankara Metropolitan as the ex-officio President and three representatives from each Church. A Managing Committee of 24 was to be Standing Working Committee of the said Association. The Synod affirmed the orthodox faith. Joseph Dionysius who had earlier been ordained by the Patriarch was accepted as the Malankara Metropolitan. Whether it was re- assertion of supremacy of Patriarch or not cannot be said as the election of Joseph Dionysius was preceded by two factors, one, that he had been persuaded by the local people, earlier, and he got himself ordained by the Patriarch and second that Thomas Athanasius was a nominee of his brother and he had not been elected by the people. But it, undoubtedly, shows that the spiritual domination was still predominant. However, Thomas Athanasius challenged the ordination by Patriarch and claimed equal status. This could not have been agreed to by anyone as the spiritual faith in the Patriarch prevented the people in Malabar to acknowledge a person as Metropolitan who was not ordained either by the Patriarch or his nominee. However, Thomas Athanasius refused to hand over the property and Joseph Dionysius was left with no option except to approach the court.

Thus commenced the third period. If the first two periods were great for the growth and development of the Church then the third described as the, `turbulent period' is unique not for any development of religion, but for providing stability to the Church by creating a Catholicate of the East for India, Burma and Ceylon at Malankara and adopting a Constitution for the administration of the Church. The period unfortunately witnessed division amongst followers of the Church who came to be known as the `Patriarch' and the `Catholico', mainly because there was disturbance in Antioch itself and two of the Patriarch claimed to exercise the prerogative of being Patriarch of Antioch at the same time. Within a span of fifty years, five suits were filed, the first known as, `Seminary Suit', in 1879, the second as `Arthat case' in 1899, the third in 1913 which became famous as `Vattipanam case' the fourth in 1938 known as `Samudayam Suit' and fifth and last in 1974 giving rise to these appeals. The first was filed by a Patriarch ordained and duly elected Metropolitan at Mulanthuruthy Synod for recovery of property against nominated Metropolitan, whereas the second was filed for enforcement of the order passed in earlier suit as some of the parishes were denying the authority of the Metropolitan to exercise spiritual and temporal control over them. The third was an interpleader suit by Secretary of State for India due to formation of two groups laying rival claims against the assets. All the three suits were decided in favour of Catholico group. Therefore, the fourth suit was filed by the Patriarch group against Catholicos claiming that they had become heretics and had separated from the Church. This too was decided in favour of Catholicos. But the fifth and the last suits were filed by the Catholicos for reasons which shall be explained later. In the Encyclopedia of Religion, Vol. 14, P. 226, the history from creation of Patriarch of Antioch till 1970 is traced thus, The church in Antioch became practically the mother church of Christendom......The leadership of the Syrian church was decimated by the Diocletian persecution that broke out around 304. The persecution also led to the development of Syrian monasticism through the Christians who fled into the wilderness. The spirit of Syrian Christianity was shaped more by worship, martyrdom, and monasticism than by theology......In the twelfth century the Syrian church was at the peak of its glory, with 20 metropolitan sees, 103 bishops, and millions of believers in Syria and Mesopotamia......The turbulent thirteenth century, wracked by invasions of Latin Crusaders from the West as well as of Mamluk Turks and Mongols from the East, produced such great leaders as Gregory Bar Hebraeus (1226-1286), a Jewish convert to Syrian Christianity, a chronicler and philosopher, and primate of the East.....The nineteenth and twentieth centuries have been turbulent times for the Syrian Orthodox in the Middle East.....The Syrian church in India numbers 1.8 million and is divided into two jurisdictions.

The smaller of the two jurisdictional groups (with five hundred thousand members and a dozen bishops) decided in the 1970s to revolt against the Indian catholicos and his synod, forming a wing of the church directly administered by the Syrian Patriarch in Damascus and with its own maphrian see.

The larger group, numbering about 1.3 million is an autocephalous church in India under Moran Mar Baselius Mar Thoma Mathews I, Catholicos of the East. This group has a flourishing theological seminary and a number of ashrams and monasteries, as well as hospitals, orphanages, schools, and other institutions. Its members have established a diocese in North America with about thirty congregations and a bishop residing in Buffalo, New York. The Encyclopedia of Religion, Volume 14 p. 228].

The `Seminary Suit' was filed in 1879 by Joseph Dionysius against Mar Thomas Athanasius for recovery of the property over which he had obtained possession in lieu of the Quilon Committee report. It was contested by Thomas Athanasius who denied the supremacy of the Patriarch. He claimed that Patriarch could not claim as a matter of right to have any control over the Jacobite Syrian Church in Malabar either in temporal or spiritual matters although as a high dignitary in the churches in the country where their saviour was born and crucified the Malabar Syrian Christian community did venerate the Patriarch. The final judgment in the suit was given on 20th July 1889 by the Royal Court of Final Appeal (Travancore). The decision went in favour of Joseph Dionysius who was held entitled to recover the properties of Malankara Church as he was the Malankara Metropolitan accepted by the community. The judgment explained the extent of the spiritual supremacy of the Patriarch over the Malankara Church. It was held that Patriarch right consisted in ordaining either directly or by duly authorised delegates metropolitans from time to time, to manage the spiritual matters of the local church, sending Morone (holy oil) to be used in the churches for baptismal and other purposes and in general supervision over the spiritual government of the Malankara Church. But he was held to have no authority over temporal matters. It was held:

"the Patriarch's supremacy over the Church in Malabar has extended only to spiritual matters. The Patriarch or his Delegates when they sojourned in this country, attended only to spiritual affairs of the Church leaving the management of the temporal affairs to the local Metropolitan and the trustees. The former never interfered with temporal affairs; and where in two or three instances they (the Delegates) tried to have some control over, or interference with, the temporal affairs, the Metropolitan and the community resisted them successfully.

On a review of the whole History and evidence, we arrive at the conclusion that the Patriarch of Antioch has been recognized by the Syrian Christian community all through as the Ecclesiastical Head of their Church in Malabar; that consecration by him or by his Delegates duly authorised in that behalf was and has been felt absolutely necessary to entitle a man to become a Metropolitan of the Church in this country in matters spiritual that the man so consecrated should be a native Syrian Christian of Malabar acceptable to the community: that the Patriarch's power in spiritual affairs of the Church has been supreme: and that the Patriarch or his foreign Delegates have had no interference with the internal administration of the temporalities of the Church in Travancore which, in this respect has been an independent Church." [Emphasis supplied] The concluion and finding of the court that the Patriarch had no temporal and administrative control over the churches was not accepted either by the Patriarch or the Parishes. Some of the Parishes, therefore, denied the authority of Dionysius which led to filling of suit in 1899 by t he Metropolitan against Parishes which, as stated, became famous as 'Arthat Case. The suit was decreed in 1905 and the judgement of Rajah (Cochin) Court of Appeal reiterated that the Patriarch of Antioch was the spiritual head of Malankara See which included the church for which suit had been filed and the churches and the properties were bound by a trust in favour of those who worship God according to faith, doctrine, disciple of Jacobite Syrian Church in the communion of His Holiness the Patriarch of Antioch. The Court held that the churches and properties were, therefore, subject to spiritual, temporal and ecclesiastical jurisdiction of the Dionysius the Malankara Metropolitan'.

The effect of the two judgements of the Royal Court of Final Appeal and Rajah of Cochin on one hand was to recognise Dionysius as the validly elected Malankara Metropolitan, which of course was in keeping with what the Patriarch had decided when the meeting was held at Mulunthuruthy and with this there was no grievance, and on the other that Patriarch had no temporal power over the Church which was not acceptable to him. He, therefore, decided to come down to Malabar to influence the course of events and get an assurance from different churches accepting his superiority in temporal matters as well.

However, in 1905 dispute started between two persons one, Abdul Messiah and other Abdulla-II over the right to be Patriarch. Both of them were appointed by Firman of the Suitan of Turkey.But the one issued in fovour of Abdul Messiah had been withdrawn. In 1909 Joseph Dionysius died.

In his place one M.G. Dionysius was elected who had got himself ordained by the Patriarch Abdulla-II in 1907. When Abdulla-II came to Malabar with the object of claiming his temporal authority over the Malankara Jacobite Syrian Church and he convened a meeting at the old Seminary of Kottayam and demanded acknowledgement of his temporal authority the majority declined to do so. He, therefore, approached the Parish Churches individually and succeeded in getting submission deeds (Udampadis) from some including one Mar Paulose Athanasius. In token of it, he ordained him as a Metropolitan. This led to dispute between M.G. Dionysius and M.P. Athanasius the one ordained earlier at Syria and the other ordained in Malabar over the administrative and temporal control of the churches. In 1911 Abdulla-II the Patriarch ordained one Mar Coorilos as the Malankara Metropolitan so as to make him automatically the ex-officio President of the Malankara Association and one of the trustees of the trust property. The two of the other trustees also acknowledged the new nominee as the Malankara Metropolitan but Mar Gheevarghese Dionysius did not give up and in retaliation convened a meeting of the Malankara Association which declared his excommunication invalid and removed from trusteeship the two trustees who had gone over to the side of the Patriarch. The Committee further decided to suspend payment of Ressissa to the Patriarch so long it was not ascertained as to who was the Patriarch, Abdul Messiah or Abdulla-II. Abdulla-II left Malabar in October 1911 and in 1912 issued a Kalpana branding Abdul Messiah and M.G. Dionysius as "wolves" from whom the faithful should entirely keep aloof.

Little did anyone, then, visualise that the very next year which was to synchronise with visit of Abdul Messiah, yet another Patriarch who had been disentitled by the Sultan of Turkey, would so significantly change the history of Malankara Church. Whether he was justified and more than that entitled to declare the ex-communication of Dionysius invalid and whether he could on his own issue a Kalpana creating a Catholicate of East is now a matter of history as its validity is beyond challenge since both the actions have been upheld judicially and have achieved finality in Moran Mar Basselios (supra). Abdul Messiah issued a Kalpana beseeching everyone, that it was their duty, to respect Mar Gheevarghese, and love him properly and suitably because he was their head, shepherd and spiritual father. It was stated that who respects him (respects us), he who receives him, receives us. Those who do not accept his right words and those who stand against his opinions which are in accordance with the canon of the Church, defy him and quarrel with him will become guilty. Keep aloof from quarrel and breach of law. Grace and blessings from the Lord will come and abide on them who obey. Another Kalpana was issued bestowing his blessings second time and expressing deep grief at the dissension shown by Effendi. It further said we, by the grace of God, in response to your request, ordained a Maphrian, that is, Catholicos by name; Poulose Basselios and three new Metropolitans the first being Gheevarghese Gregorius, the second, Joachim Evanios and the third, Gheevarghese Philexinos......... We commend you into the hands of Jesus Christ, our Lord, the Great Shepherd of the flock. May He keep you! We rest confident that the Catholicos and Metropolitans - your shepherds - will fulfil all your wants. The Catholicos, aided by the Metropolitans, will ordain melpattakkars, in accordance with the Canons of Our Holy Fathers and consecrate Holy Morone. In your Metropolitans is vested the sanction and authority to install a catholicos, when a catholicos dies. No one can resist you in exercise of this right and, do all thngs properly, and in conformity with Precedents with the advice of the committee, presided over by Dionysius, Metropolitan of Malankara.

[Emphasis supplied] The declaration of Abdul Messiah that ex-communication of Dionysius was invalid led to serious dispute between rival groups claiming their authority over the temporal affairs of the Church. Two rival groups were formed one led by Mar Gheevarghese Dionysius and the other by Mar Coorilos.

Consequently, the Secretary of State for India filed the interpleader suit in 1913, in the District Court of Trivandrum, impleading both the sets of rival claimants as defendants and seeking a declaration from the court as to which of the two rival sets of trustees were entitled to draw the interest on the amount standing in the credit of the Malankara Jacobite Syrian Christian community in the British treasury. The suit was decided in favour of M.G. Dionysius. The decree was reversed by a Full Banch of the Travancore High Court in 1923. The judgement was reviewed at the instance of M.G. Dionysius and the net result was that M.G. Dionysius and his two co-trustees became finally entitled to withdraw the money deoosited in the Court as the lawful trustees of the Church properties.

On 16th August 1928 the Managing Committee of the Malankara Association was authorised to draw up a constitution of the Church. There was sharp reaction to it.

The delegate of Patriarch issued an order to the Catholic Metropolitan to execute Udampad within two days. When nothing came out of it, 18 persons belonging to patriarch group filed suit against Mar Philexinos. a person who later joined the Patriarch after 1958 and was largely responsible for the disturbance of peace in 1965. The suit was dismissed in default and the order remained unchanged as the revision in the High Court was dismissed for non-prosecution. The Catholico in the meantime went ahead and in a meeting held on 26th December, 1934 at Kottayam adopted the draft Constitution unanimously and elected the Malankara Metropolitan. The Constitution while recognising that Malankara Church was a division of orthodox church and primacy of Patriarch of Antioch provided that the primacy of the East was in Catholicos. Detailed provisions dealing with powers of Metropolitan, Bishop, Parishes, etc. were made.

Probably as a counter to 1934 meeting of Catholico the Patriarch group held meeting in August, 1935, elected one M. Paulose Althanasius as Malankara Metropolitan and armed with this they filed Suit No.111 of 1139, that is 10th March, 1938 in the District Court of Kottayam claiming that the Catholico had become heretics and separated from the Orthodox Syrian Church. The suit was dismissed in January, 1943. In 1946, appeal was allowed and the suit was decreed.

The defendants again applied for review which was dismissed against which they preferred appeal under Article 136 of the Constitution and in Moran Mar Basselios Catholicos & Anr. vs. Most Rev. Mar Poulose Athanasius & Ors. AIR 1954 SC 526 the appeal was allowed. The judgement of the High Court was set aside and the High Court was directed to admit the review petition and re-heer the same. In December 1956 the judges heard the appeal, delivered the unanimous judgement allowing the appeal and decreeing the suit. Against the decree the Catholico group preferred an appeal which was decided in 1959 by this Court. Some of the Catholicos also filed a writ petition under Article 32 of the Constitution which was also decided along with the appeal. The Court after elaborate discussion and noticing the earlier course of litigation held that the claim of the other group that the Catholicos had become heretics on aliens or had gone out of the Church by establishing a new church because of the specific acts and conduct was not correct.

The Constitution framed in 1934 and the Kalpanas issued by Abdul Messiah were considered by this Court in 1959. The claim of the Patriarch, that the supremacy of the Patriarch had been taken away by the mere adoption of the new Constitution was not permitted to be raised as it was not raised in the pleadings. The Court further did not permit them to raise the question about the privilege of the Patriarch, alone, to ordain metropolitans and to consecrate Morone. It was also held that Ressissa which was a voluntary and not a compulsory contribution made by the parishes collected by the committee of the Malankara Association and sent to Patriarch was not forbidden and its non-payment did not amount to neresy on the party of the Catholicos. The declaration sought by the Patriarch that they were trustees of the property and the Catholicos were neither trustees nor in possession of the trust property, based on their election at a meeting held on August 22, 1935 was not accepted. The Court held that the meeting was, admittedly, held without any notice to the members of the Catholico party as they were erroneously regarded as having gone out of the Church.

The Court did not find any merit in the Kalpana which was Ex.Z in the suit commanding the faithful not to have anything to do with the heretics. The court held that the Catholicos and their partisans had not become, 'ipso facto' heretics in the eye of the Civil Court or aliens and had not gone out of the Church. The court held that the election of the plaintiffs was not valid and their suit, in so far as it was in the nature of a suit for ejectment was llable to fail for want of their title as trustees. The Court further held that since the interpleader suit was converted into a representative suit on behalf of Jacobite Syrian Christian population of Malabar, therefore, the decision in that suit was binding on all members of the Malankara Syrian Christian Community. Thereafter, it proceeded to examine as to what were the material issues which were decided in that case and which operated as res judicata. The four issues which were framed in that suit and which were considered by the court for purposes of deciding the question on res judicata read as under:

14. Do all or any of the following acts of the 1st defendant (catholico) and his partisans amount to open defiance of the authority of the Patriarch? Are they against the tenets of the Jacobite Syrian Church and do they amount to heresy and render them ipso facto heretics and aliens to the faith?

(i) Claim that the 1st defendant is a Catholicos?

(ii) Claim that he is the Malankara Metropolitan?

(iii) Claim that the 1st defendant has authority to consecrate Morone and the fact that he is so consecrating?

(iv) Collection of Ressissa by the 1st defendant?

15.(a) Have the 1st defendant and his partisans voluntarily given up their allegiance to and seceded from the Ancient Jacobite Syrian Church?

(b) Have they established a new Church styled the Malankara Orthodox Syrian Church?

(c) Have they framed a constitution for the new church conferring authority in the Catholicos to consecrate Morone to ordain the higher orders of the ecclesiastical hierarchy, to issue Staticons allocating Dioceses to the Metropolitans and, to collect Ressissa?

(d) Do these functions and rights appertain solely to the Patrirch and does the assertion and claim of the 1st defendant to exercise these rights amount to a rejection of the Patriarch?

(e) Have they instituted the Catholicate for the first time in Malankara?

Do the above acts, if proved, amount to heresy?31

16. (a) Have the defendants ceased to be members of the Ancient Jacobite Syrian Church ?

(b) Have they forfeited their right to be trustees or to hold any other office in the Church ?

(c) Have they forfeited their right to be beneficiaries in respect of the trust properties belonging to the Malankara Jacobite Syrian community ?

19. (a) Have the plaintiffs and their partisans formed themselves into a separate Church in opposition to Mar Geevarghese Dionvsius and the Malankara Jacobite Syrian Church ?

(b) Have they separated themselves from the main body of the beneficiaries of the trust from 1085 ?

The Court held that the same objection was raised by the Patriarch in the suit filed in paragraphs 19 to 26 and, therefore, the finding recorded on the aforesaid issues having been raised and decided in the interpleader suit and having been decided by the Travancore High Court on review in favour of M.G. Dionysius and his co-trustees (Catholico group) it operated as res judicata. It was on this reasoning that the Court held :

"that the contentions put forward in paragraphs 19 to 26 of the plaint in the present suit on which issues Nos.14, 15, 16 and 19 have been raised were directly and substantially in issue in the interpleader suit (O.S.94 of 1088) and had been decided by the Travancore High Court on review in favour of Mar Geevarghese Dionysius and his two cotrustees (defendants 1 to 3 ) and against defendants 4 to 6 . In short the question whether Mar Geevarghese Dionysius and his two co-trustees (defendants 1 to 3) had become heretics or aliens or had gone out of the Church and, therefore, were not qualified for acting trustees was in issue in the interpleader suit (O.S.No.94 of 1088) and it was absolutely necessary to decide such issue. That judgment decided that neither

(a) the repudiation of Abdulla II, nor

(b) acceptance of Abdul Messiah who had ceased to be a Patriarch, nor

(d) the reduction of the power of the Patriarch to a vanishing point, 'ipso facto' constituted a heresy or amounted to voluntary separation by setting up a new Church and that being the position those contentions cannot be re-agitated in the present suit".

Thereafter the Court after discussing the matter in great detail held as under :

"The case with which the plaintiffs have come to court in the present suit is that the defendants had become heretics or aliens or had gone out of the Church by establishing a new church because of the specific acts and conduct imputed to the defendants in the present suit and that the charges founded on those specific acts and conduct are concluded by the final judgment (Ex.256) of the High Court of Travancore in the inter pleader suit (O.S.No.94 of 1088) which operates as 'res judicata'. The charge founded on the fact of non-payment of Ressissa, if it is not concluded as constructive 'res judicata' by the previous judgment must, on merits, and for reasons already stated, be found against the plaintiff-respondent. We are definitely of the opinion that the charges now sought to be relied upon as a fresh cause of action are not covered by the pleadings or the issues on which the parties went to trial, that some of them are pure after-thoughts and should not now be permitted to be raised and that at any rate most of them could and should have been put forward in the earlier suit (O.S. No.94 of 1088) and that not having been done the same are barred by 'res judicata' or principles analogous thereto. We accordingly hold, in agreement with the trial court, that it is no longer open to the plaintiff-respondent to re- agitate the question that the defendant-appellant had 'ipso facto' become heretic or alien or had gone out of the church and has in consecuence lost his status as a member of the Church or his office as a trustee." [Emphesis supplied] The Court also examined whether the election of the Catholico group in the meeting held on December 26, 1934 was in accordance with rules or not and it answered the question in their favour. The Court, therefore, set aside the judgment of the Kerala High Court and dismissed the suit filed by the Patriarch group.

The one good effect of judgment delivered by this Court in 1959 after nearly 50 years of litigation was that good sense appears to have dawned on both the groups and on 9th December 1958 Patriarch Yakub-III issued a letter marked as Ex.A-19 one relevant portions of which are extracted below :

"It is not secret that the disputes and dissensions that arose in the Malankara church prevailing for a period of 50 years have in several ways weakened and deteriorated it. Although right from the beginning several persons who love the church and devout of God desired peace and unity putting an end to the dissention, they departed in sorrow without seeing the fulfilment of their desire. We also were longing for peace in the Malankara church and the unity of the organs of the one body of the church. We have expressed this desire of ours very clearly in the apostolic proclamation we issued to you soon after our ascension on the Throne. This desire of ours gained strength with all vigour day by day without in any way slakened and the lord God has been pleased to end the dissention through us. Glory be to Him. To bring forth peace in the Malankara church we hereby accept with pleasure Mar Baselious Gheevarghese as Catholicose. Therefore we send our hearty greetings intensified by the fervour of deace in this month of rejoycing. We also beseech, let the lord shower on you His abundant blessings. Let the lord make you a people beautified by virtuous acts towards the right and delight you with the comfort and plenteousness flowing from the care pleased to his Holy will to the envy of others. Let it be with the grace and mercy of Him, His father and His Holy spirit.

Our father which art in the heaven etc. etc. On the 9th December 1958, the 2nd year of our assension as patriarch.

From the Aramana at Holms." [Emphasis supplied] The other letter was issued on 16th December 1958 marked as Ex.A-20 by the Catholico group to the following effect :

"Glory to God united in the Trinity, the self existing, perfect in essence and without beginning or end. From the meek Baselious Catholicose named as Gheevarghese If seated on the Throne of The East of Apostle St. Thomas.

Seal Let divine grace and Apostolic Benediction be always in abundance with all the Melpattakkars (High Priests). Priests, Deacons and all the faithful under our jurisdicition.

We have always been in grief on account of the failure of the efforts made by late Mar Gheevarghese Dionisius and us to bring forth peace in our church and end quarrels and discord which were existing in our church for long. We are now very much delighted and do glorify God in that there is an end to the discord showing the willingness to unite.

We, for the sake of peace in the church, are pleased to accept Moran Mar Ignatius Yakub III as patriarch of Antioch subject to the constitution passed by the Malankara Syrian Christian Association and now in force.

We have also pleasure to accept the Metropolitans under him (patriarch) in Malankara subject to the provisions of the said constitution.

Let the abundant grace and blessings of God Almighty be with you always.

Let it be through the prayers of St. Mary the mother of God, Mar Thoma Sleeba, the Patron saint of India and all the saints. Amen.

Our father that art in the heavens etc. etc." After the exchange of these letters, Ex.A-19 and Ex.A-20 dispute started between the Patriarch and the Catholico over the use of the word 'Holiness', 'Throne of St. Thomas', and 'Church of the East' and 'Catholicos of the East' etc. as the expressions according to the Patriarch could be used by the supreme head, that is, Patriarch of Antioch and not by Catholico to which the reply was that this was not new and it was provided for in the Constitution of 1934. It is not necessary to extract the various points of differnce raised in the letters issued by the two. In a letter sent in August 1960 marked as Ex.A-26 after reiterating the stand which was taken in earlier letters it concluded with these words :

"To conclude, I wish to state that the prestige and influence of the throne of Antioch here depend very largely upon the wise co-operation of Your Holiness. The Malankara Church with its catholicate and synod of bishops and the association has certainly to adhere to the provisions of the constitution and has to abide by the Supreme Court decision. But that does not mean any kind of disrespect or hostility towards Antioch. There are enough provisions in the constitution to keep our connection Meeningful and alive".

The relations thereafter appear to have become cordial so much so that in 1961 Ex.A-30 was written by Petriarch Yakub- III in which it was mentioned, "I am placing your Beatitude's photo properly in our place so that all people who are in and out should see itand understand the intimate unity and real re-conciliation and the essential relationship between the Apostolic Throne and our church in Malankara ............. we are eager tosee perfect peace in our church in Malankara. We hope that all the disputes will be over and the church go ahead powerfully in the path of light, prosperity and progress during your Beatitude's old age itself.

Please convey our Apostolic Blessings to all our spiritual children both priests and faithfuls who are under your authority." But from letter dated 18th January 1962 sent by Baselius Geevarghese II, Catholicos of the East, it appears some local dispute had surfaced again. Allegations were made against one Mar Philixenos and the same person about whom reference has been made earlier and who in fact was responsible for dissension once again and it was stated, they profess outwardly to be pro-Antioch, but really they are anti Patriarchal as well as anti- Catholicate. Now since at this time I am in my declining age I think it appropriate to invite your Holiness be pleased to visit us at your earliest convenience and bless us by your presence as well as prayers'. It appears Mar Baselius Geevarghese died in January 1964 and the members of the Holy Episcopal Synod installed one Ougen Mar Themotheus, Metropolitan as his successor as his election by the Malankara Association on 17th May 1962 was approved by the Holy Synod on 21st March 1963. The letter was sent requesting the patriarch Yakub-III for the installation ceremony. He did come in 1964 and installed Mar Ougen I. Then there are letters and other memoranda Ex.A-36 and A-37 submitted to the Catholicos regarding prevailing discontentment amongst some sections.

The exchange of these letters and their contents indicate a simmering discontent which surfaced in June, 1970 when the Patriarch once again dug up the closed issue of use of expression 'Holiness' and, 'Throne of St. Thomas' by the Catholico. The initial anxiety of reconciliation and peace got set back with vengeance as the Catholico openly challenged the authority of Patriarch. Events moved swiftly, thereafter, when the Patriarch ordained Metropolitan who in his turn ordained Bishops started interfering resulting in filing of suits by Catholico against Patriarch ordained Bishop, obtaining of injunction sharply reacted by the Patriarch by issuing show-cause notice, starting disciplinary proceedings, summoning the Synod at Damascus and ex-communicating the Catholico. The breakaway was complete. There was vertical split. The two groups once again were up in arms. Two hundred suits were filed. Eight of which covering entire issues were consolidated and tried together.

This completes the factual narration and the background in which the suits out of which these appeals have arisen came to be filed. Although both the parties have furnished in great detail the events which took place after the judgment was delivered in 1959, but it appears unnecessary to mention each of them, except to observe that a mere look on these dated indicates that initially there was an anxiety for peace and reconciliation by both groups which was shaken by pinpricks here and there and was finally thrown to winds between 1970-75. Religious cover was again put forward to gain control over temporal affairs resulting in setting in motion the same old tortuous process of litigation. In the first part beginning from December, 1958 a meeting of the Malankara Association was held in which almost all the Churches participated, irrespective of the faction. The meeting was attended even by the elected priest-trustee and the lay trustee and the delegate of the Patriarch as a special invitee. In January, 1959 the Patriarch Group submitted a memorandum to the Catholicos seeking among other things reconstitution of the Managing Committee of the Malankara Association which was considered in a Synod held on 21st February, 1959 and pursuant to the decision taken therein, dioceses were re-allotted. From the year 1959 to 1964 number of meetings were held in which both the groups participated and attempted to function as one unit. From 1960 to 1962 there are various letters, for instance Exhts. A-28, A-29, A-30, A-31 and A-39 which indicate cordial relationship between the Patriarch and Catholico. Even in 1964 when Mar Ougen I was installed by the Malankara Episcopal Synod, the Patriarch himself presided in the ceremony. In a meeting held in December, 1965 Malankara Association elected five candidates for ordination as Bishops and elected members to the Managing Committee which included members of the Patriarch group as well. In 1967 the Constitution was amended in consequence of meeting in which both the groups deliberated.

From June 1970 started the second part which was in contrast of the earlier. In June 1970 the dispute about use of expression `Holiness' and 'The Throne of St. Thomas' was again questioned followed by sending a delegate in 1972 which was objected to leading to ordination by the Patriarch of one of the appellants who was impleaded as defendant no.1 in Suit No.4/79. Thereafter as stated there was no end. When the Catholico succeeded in obtaining injunction from Civil Court in 1973 restraining the appellant from interfering, the Patriarch issued charge sheet in June 1974 which was not only objected but asserted to be without jurisdiction.

Various ordinations followed. Each was challenged in courts.

And when on 5th January 1975 the Catholico in their Synod declared that Malankara Association was autocephalous then the Patriarch in a Synod held at Damascus from 16th to 20th June 1975 decided that the only apostolic see of the Syrian Orthodox Church in the world was the See of Antioch founded by St. Peter, that the Malankara Church was an indivisible part of the Syrian Orthodox Church dependent on the Patriarch in all spiritual matters, that acknowledgment of Patriarch's and position by those ordained was essential, and the Catholicos having repelled against the Patriarch stood disqualified from their ecclesiastical grade and also guilty of violation of fundamental faith. It was followed by letter dated 23rd June 1975 asking the Catholicos if he was willing to submit to the decision of the alleged universal Synod. On 21st August 1975 the Patriarch by Kalpana Ex.B-72 excommunicated Catholicos and on 7th September 1975 installed at Damascus Mar Paulose Philexinos (who had earlier been deposed by the Malankara Episcopal synod for proved ecclesiastical indiscipline) as a Catholicos in the name of Baselius Paulose II.

Out of these suits eight covering all the issues were transferred to the High Court. The Single Judge even while accepting the Constitution as valid held that it was not binding on the Churches and Parishioners unless there was express surrender. The Court held that they had no concern with those Churches which continued with Patriarch of Antioch. The learned Single Judge held that the Malankara Church was Episcopal to a limit in spiritual affairs. In matters of temporalities, the Church was congregational. It was further held that the Parish Churches were independent autonomous units as far as governance and administration of temporalities were concerned. The suits were dismissed. In appeal, the Bench framed as many as 31 questions to cover the wide range of controversy raised before it, reversed the decision of the learned Single Judge and decreed the suit, except in relation to Churches known as 'Simhasna Churches' and the Churches established by the Evangelistic Association. Relevant findings on the questions framed by it are extracted below. The first three questions related to the validity of the Cannon.

They read as under:-

"(1) Whether Ext. A90 or Ext. B161 is the correct version of Hudaya Canons accepted by the Malankara Jacobite Syrian Community as valid and binding?

(2) Are the plaintiffs barred by resjudicata from contending that the binding version of Hudaya canons is Ext. A90 by reason of the judgment in XLI T.L.R. 1. order in the Review Petition and the judgment in 45 T.L.R. 156?

(3) Are the defendants barred by res judicata from contending that the binding version of Hudaya Canons is not Ext. B161 by reason of the decision in the Samudayam suit?"

The answer given by it was that the decision in 41 TLR 1, Exhibit 18 therein, and (Ext. 3p in the Samudayam suit and Exht. B-161 in these cases) is the version of the Hudaya Canons accepted as binding on the Malankara Church has not become concluded and does not operate as res judicata between the parties. The Bench further held that there was no independent evidence on the basis of which it could be held that either of the versions was binding on the Malankara Orthodox Syrian Christian Community and since finding in the previous litigations were not res judicata neither version of the Canon was proved to be binding on the community. In respect of Question Nos. 4-6, which read as under.

"(4) Whether the Catholicate established under Ext. A14 by Patriarch Abdul Messiah with powers as provided for in Ext. A14 is valid and binding on the entire Malankara church?

(5) Whether by such establishment of the Catholicate the Patriarch was deprived of his powers to ordain Metropolitans, consecrate/send morons or to exercise any other spiritual power over the Malankara church thereby reducting his powers to a vanishing point?

(6) Whether contentions in points 4 and 5 are barred by res judicata against parties in Patriarch's group by reason of the decision of the Travancore High Court in Interpleader suit (45 TLR 116) and by reason of the decision of the Supreme Court in Samudayam suit (AIR 1959 SC 31)? it was held that the Catholicate established under Exht. A14 with powers as provided therein was valid and binding on the Malankara Church, that by such establishment Patriarch has not been deprived of his powers to ordain Metropolitans or consecrate Morone or to exercise any other recognised spiritual power, though the power to ordain Metropolitans is subject to acceptance of the Malankara community represented by the Association and that by the establishment of the Catholicate spiritual power of the Patriarch has not been reduced to a vanishing point, though the Patriarch could not be regarded as having active spiritual supremacy.

The Question Nos. 7 to 15 related to the Constitution of 1934 and status of Parish Churches. They were answered as follows:- "(a) 1934 Constitution is valid and binding on the Malankara Association, Community, Dioceses as well as parish churches and parishioners.

(b) Parish churches are not congregational or independent, but are constituent units of Malankara church; they have fair degree of autonomy subject to the supervisory powers vesting in the Managing Committee of the Malankara Association, Catholicos and the Malankara Metropolitan as the case may be. Administration of the day- to-day affairs of parish churches vests in parish assembly and elected committees of the parishes.

(d) Malankara Association is a representative body which has right to bind the Malankara church, the community, parishes and parishioners by its deliberations and actions.

The most sensitive issue which has been subject of great debate in this Court was posed as Question No.18, "Has the Malankara Church become an autocephalous church? and it was answered against the respondent by recording the finding:- "We, therefore, hold that the Malankara Church is not an autocephalous church but is a part or division of the world Orthodox Syrian Church and set aside the finding of learned single judge that the Catholicos group has now established an autoceohalous church. We hold that while Patriarch of Antioch is the head of the World Orthodox Syrian church Catholicos of the East who is subject to the Constitution is head of the Malankara Church and the relationship between Patriarchate and the Malankara Church is governed by the provisions of the Constitution." This was the finding recorded in Moran Mar Basselios (supra) as well. It has not been challenged, therefore, it has become final.

Some of the churches claiming to be socially and culturally different, for instance, Knanaya Church or the Kanandra Church established in pursuance of Royal Charter issued by the Queen or registered under societies Registration Act or having their own bye-laws claimed to be independent and autonomous. Their claim was under Question Nos. 23, 24 and 25 and the answer given was that except Simhasana Churches and Evangelistic Association Churches the others were constituents of Malankara Sabha. The appellants are the members of Patriarch Group. Separate appeals have been filed by those churches which claim to be independent.

The Catholic Group is aggrieved by the decision in respect of Churches of Evangelistic Association and Simhasana Churches.

Factual canvas having been spread out the stage is now set for grappling with intricate issues of jurisdiction and law which have been canvassed neatly, by, both, the learned senior counsel, Mr. K. Parasaran for the appellant and Mr. F. Nariman for the respondents, without expression of any emotion, admirable understanding and respect for each other, with utmost congenial coolness and exemplary precision and clarity. To support their respective claims, the learned counsel for both the parties advanced extensive ar