The Supreme Court expressed concern on Tuesday about a dispute going between two Christian communities, the London Missionary Society (LMS) and the Church Of South India group of Christians.
A Bench of Justice KM Joseph, Justice BV Nagarathna, and Justice JB Pardiwala was hearing a Special Leave Petition (SLP) filed by A Yopu against a Madras High Court order passed in December 2021, which addressed the issue of adverse possession of certain properties between LMS and CSI.
During the hearing, Justice Joseph stated verbally that the dispute in the current petition had nothing to do with the teachings of Jesus Christ, the faith’s founder.
The bench also reminded them of their faith, which never teaches such things. Justice Joseph further directed both parties to refrain from fighting and to remember the min cause without naming anyone.
“Kindly, from time to time, remind yourself what 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”.
Around 1800, the London Missionary Society arrived in India. The LMS corporation was formed in 1922 for the purpose of better property holding. The South Indian United Church (SIUC) association was founded in 1908, in collaboration with the London Mission Society.
In 1947, the CSI was founded by the union of the SIUC and other protestant denominations.
The CSI decided that the merger would automatically convert all LMS members to the CSI. Approximately twenty years later, the properties held by the LMS Corporation as trustees were transferred to the CSI with no benefits to the LMS members while an original suit concerning 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 stated that the Palliyadi church does not allow CSI institution interference, nor does it follow any rites or supremacy of the CSI Bishop.
The church claims to be an independent congregational church that did not join the CSI Union in 1947.
