( 1 ) THESE two'appeals are filed by defendant in o. s. 32/73 and o. s. 12/74, on the file of the civil judge, mangalore. R f. a. 148/81 had been filed in the court of district judge, mangalore, which is withdrawn u/s 24 C. P. C. and is heard along with r. f. a. 30/1979 vide order dated 15-1-1981. Though the valuation of the subject matter in r. f. a. 30/79 is less than rupees one lakh and had stood transferred to the district court, mangalore, the appellant filed i. a. xii requesting this court to retain these matters as they are pending for more than a decade. This i. a. is allowed on 24-10-1989; hence these appeals are heard and we propose to dispose of them by common judgment. ( 2 ) BEFORE adverting to the matter on merits, it is necessary to bear in mind that along with these two suits, a third suit had been filed by m. Koshy panikar and 3 others against the plaintiffs and defendants in the above suits in o. s. 11/74 seeking a declaration that plaintiffs and worshippers belonging to orthodox syrian church of east, otherwise known as malankara church, have the exclusive right to worship at the st. Anthony orthodox syrian church dedicated to malankara church and have the consequential right to have the divine services, ceremonies and festivals conducted by rev. Father vadakkedath v. i. thomas mallapally or any other priest appointed by his holiness the catholscos of east and restraining defendants 1 and 2 (i. e. st. Antony's educational society and rev. Fr. M. p. george) from interfering in their right to worship at st. Antony's orthodox r. 47 syrian church, this suit is dismissed by the judgment under challenge. Appeal not having been filed, it has become final. Their plea is similar to the one raised by 1st defendant i. e. rev. Fr. Philip pallichera. ( 3 ) RELEVANT facts which have given rise to the controversy are :- in s. No. 75/1, situated within the municipal limits of mangalore, a school building and church are constructed. The plaintiff society was registered under the Bombay public Trust Act, 1950 as also under the societies Registration Act, 1860. It was founded by rev. Father george. ( 3 ) RELEVANT facts which have given rise to the controversy are :- in s. No. 75/1, situated within the municipal limits of mangalore, a school building and church are constructed. The plaintiff society was registered under the Bombay public Trust Act, 1950 as also under the societies Registration Act, 1860. It was founded by rev. Father george. It was established as per the Provisions of common law of holy orthodox catholic and apostolic syrian church of antioch and was subject to control and superintendence of moran mar ignatius ebrahim 1 the prince patriarch of antioch and his successors. It was established to construct churches for the propagation of syrian orthodox jacobite faith and to start and run educational institutions for imparting education. ( 4 ) ON 9th January 1937 the governing body passed a resolution authorising the then director to purchase a plot of land from one m. Sanjivrao for Rs. 1000/- and for that purpose funds were provided enabling the director to purchase land. Accordingly on 30th January 1937 the then director vicar father pinto george purchased the land on which the school and church are constructed, as authorised by resolution dated 10th January 1938 (ext. P-40 ). ( 5 ) IT is averred by the plaintiffs that till 1952 the first manager of the school was rev. P. c. thomas; thereafter a headmistress was appointed. On. 28th April 1952 the defendant (Mr. Rev. Phillip pellichera) was appointed as manager of the school (ext. P-55) by the director vicar general mor apiskopos george of st. Anthony's society. On 29th September 1952 (ext. P-54) the defendant was authorised to exercise privileges as the vicar of mission and was fuither directed to take possession of parochial house and the school and be the sole authority for the progress of mission subject to honavar mission management, as per the appointment order. On 20-10-1952, the defendant (rev. Philips pellichera) conveyed his 'thanks' and declared that he shall subject himself to the authority of director vicar general, syiian mission and agreed to be transferred, if found necessary (ext. P-2a ). On 14th November 1955, the director vicar general executed a power of attorney appointing defendant-rev. Fr. Phillip pellichera - as his lawful attorney to act on his behalf in matters relating to syrian mission in mangalore (ext. P-2a ). On 14th November 1955, the director vicar general executed a power of attorney appointing defendant-rev. Fr. Phillip pellichera - as his lawful attorney to act on his behalf in matters relating to syrian mission in mangalore (ext. P-66) which has recognised his holiness the patriarch of antioch as its supreme head, he was authorised to conduct and manage holy services as its vicar at jeppu in mangalore, and, to conduct and supervise the management of syrian mission elementary school at jeppu in mangalore. It is alleged that in the year 1962 the defendant started misappropriating the funds, which resulted in the stoppage of payment of stipends; he is alleged to have tampered with the powerof attorney dated 14-11 -52, referred to above and fabricated a gift deed dated 20-12-1962 purported to have been executed by kor episcops george, the director vicar general, who it is said had expired on 1st June 1954. The management of the society called for explanation, which opportunity was not availed of and no explanation was submitted. The governing body at its meeting held on 28-9-1968, passed a resolution removing defendant from managership of the school and incharge of church. The relevant portion reads thus: (ext. P-67a) "read the latter of the director vicar general dated 1-5-1967 addressed to rev. Fr, philip pallichera, his unsigned reply (letter dated 14-6-1967), resolution No. 3, of the governing body dated 12-8-1967 letter of the delegate dated 10-11-1967, directing the director-vicar general, to take action against fr. Pallichera, show cause notice dated 11th September 1968 issued by the director vicar-general to fr. Paiiichera and the reply of fr. Pallichera, dated 17-9-1968. ( 6 ) RESOLVED unanimously that Mr. Pallichera be removed from the managership of the higher elementary school at jeppoo in mangalore city and the incharge of the church at mangalore for the following reasons. (a) that he failed to submit the accounts of the higher elementary school and the church at jeppoo in mangalore city. (b) that he disobeyed the order of the director-vicar general. (c) that his defiant attitude towards the director vicar general and the governing body that he is not faithful and loyal to the truth; that ha arrogates to himself the ownership of the school and the church. (d) that he has challenged the authority of the director vicar general ( 7 ) IT is further resolved that fr. (c) that his defiant attitude towards the director vicar general and the governing body that he is not faithful and loyal to the truth; that ha arrogates to himself the ownership of the school and the church. (d) that he has challenged the authority of the director vicar general ( 7 ) IT is further resolved that fr. M. p. george, the manager of the st. Anthony's educational society be authorised to take charge of the school and the church and possession of the premises from fr. Pallichera and to take civil or criminal action against him, if need be. ( 8 ) IT is further resolved that the educational authorities be informed of the removal of fr. Pallichera as manager of the higher elementary school at jeppoo and the appointment of fr. M. p. george, as manager of the said school and to effect necessary changes in the departmental records. " ( 9 ) PURSUANT to the above, the society sent a communication to the defendant on 15th October 1968 (ext. P-68) dismissing the defendant from the post of manager of the school and directed him to vacate the premises. On the seme day by another communication (ext. P-69) he was removed from the post of vicar of the. church and he was directed to hand over vicarship to rev. Fr. M. p. george, within fifteen days. Simultaneously a letter was issued to rev. M. p. george to take the charge of the school (ext. P-70 ). ( 10 ) IT appears that the management of society intimated the authorities in the education department of the district regarding the changes, narrated above. In those proceedings the defendant-rev. Phillip pellichera - submitted a rejoinder (ext. P-74 a ). While denying the charges and imputation characterising them as 'malacious', 'mischievous' and 'defamatory', he asserted that the landed property at mangalore was personal property of rev. George pinto, who had appointed him as legal heir by executing a power of attorney and to be in their enjoyment after his death by executing a will executed in his favour at Bombay on 14-11-1952. He maintained that he constructed the building worth Rs. 75000/- at his own cost. George pinto, who had appointed him as legal heir by executing a power of attorney and to be in their enjoyment after his death by executing a will executed in his favour at Bombay on 14-11-1952. He maintained that he constructed the building worth Rs. 75000/- at his own cost. In this view, on 11-3-1969, district educational officer sent a letter to the director vicar general than it was not possible to go into disputed facts and parties must obtain decision from court of law; till then the society was directed to maintain status-quo (ext. P-74 ). ( 11 ) ON the ecclesiastical side a notice was issued to defendant on 6-1-1969, by the prince patriarch of antioch and all the east, damascus syria to show why action should not be taken against him. On 22-1-1969, defendant's Advocate Mr. T. Yusuf hyder, mangalore, replied; he pleaded for postponing action as the matter was subjudice. It was stated that a complaint is filed before judicial magistrate, mangalore and the investigation is pending in crime No. 439/1968 (ext. P-73 ). On 21st February 1969, defendant addressed a detailed explanation to his holiness moran mor ignatius jacob-ill, prince patriarch of antioch, damascus syria. He narrated several incidents; regarding his own matter he stated thus: (in ext. P-83 ). "on my humble part, i beg to affirm that I have always supported the noble cause of the patriarchal holy see of antioch in the Mysore state with my headquarters at mangalore and in the course of my manifold missionary activities, i had to face many criminal and civil proceedings in which, by the grace of god and your holiness' blessings, I have come out successful, there by strengthening the cause of the syrian orthodox church. 1 have already sent the decree of the Mysore high court to your holiness in 1964, prior to the construction ceremony of the present catholicos. From 1944 onwards to this day, 1 have worked as the chief organiser of the manjinakara pilgrimage of which, the first president was the late Dr. P. t. thomas palambadam and shevalier t. p. philipose is the present president with Dr. Thariyan verghese of kottayam as the leader general. Every moment of my life, I have spent in the service of the patriarchal throne without accepting any money or other material benefits from anybody. P. t. thomas palambadam and shevalier t. p. philipose is the present president with Dr. Thariyan verghese of kottayam as the leader general. Every moment of my life, I have spent in the service of the patriarchal throne without accepting any money or other material benefits from anybody. This fact can be verified from your holiness' representative and the dayara accounts. " in the end, he stated thus : "in fine, 1 invoke the almighty god to enlighten and enable your holiness to spot out the "black'sheep" who conspire to undermine the cause of the holy patriarchate and the syrian orthodox church, seeking the sanction of law and religion to cloak their malice and sanctify their evil deeds with your patriarchal blessings". On 19lh July 1969, the patriarch of antioch, ignatius jacob iii passed an order of dismissal from vicarship, and managership of church and school at jeppu, mangalore (ext. P-71 ). In spite of these steps, defendant did not desist from discharging his routine activities, hence o. s. 482/69 was filed in the court of the munsiff at mangalore. In the said suit a temporary injunction was issued restraining the defendant from interfering with the rights of 2nd plaintiff to conduct ceremonies and exercise his authority as vicar of the church; defendant's appeals in m. as. 51 and 52/69 were dismissed. The said order was confirmed in c. r. ps. 827 and 839/1971 by this court. ( 12 ) ON the administrative side, the authorities in the education department declined to recognise the plaintiff-society as mana- ggr and correspondent of school. The plaintiffs appeal to superior authority did not yield better results. Finally his attempt to overcome this Administrative Action failed in W. P. 50/1969 decided on 22-9- 1972. It is in this factual background that the plaintiff filed the suits seeking declarations in respect of school and church and for recovery of possession impieading rev. Phillip pellicheraas first defendant, d. p. i. , Mysore and deputy d p i-, mangalore as defendants 2 and 3 respectively. State of Karnataka is im- pleaded as defendant No. 4. It is in this factual background that the plaintiff filed the suits seeking declarations in respect of school and church and for recovery of possession impieading rev. Phillip pellicheraas first defendant, d. p. i. , Mysore and deputy d p i-, mangalore as defendants 2 and 3 respectively. State of Karnataka is im- pleaded as defendant No. 4. ( 13 ) THE first defendant in his written statement contended that 'a' scheduls property was purchased for and on behalf of malankara orthodox syrian parish church under the supremacy of his holiness the catholicos; it was meant for constructing orthodox syrian church and for having the orthodox syrian west coast mission under the catholicos. Funds were provided by malankara orthodox syrian church by the calholicos; rev. George pinto was priest of the malankara church. Properties at 'b' schedule - school building - have been constructed by him. He contended plaintiffs had no right to the plaint properties. The patriarch of antioch had neither ecclesiastical nor administrative control either on the church or school. He stated that he was a member and priest of malankara orthodox church under the catholicos and of orthodox faith. No written statement is filed by other defendants. ( 14 ) ON the pleadings court below framed issues as found in para 22 of the impugned judgment. Though separate set of issues were framed in each of three suits, they were clubbed together as requested by the joint memo filed by parties and evidence was recorded in o. s. 32/73, which was treated as evidence in all the suits. On behalf of the plaintiffs three witnesses were examined. Pw-2 is the director general of st. Antony's education society, honnavar. Dw-2 is the defendant. Large number of documents are filed. After considering the evidence, the learned civil judge has recorded the following findings :- re : st. Anthony's school ; 1. 'a' schedule properties were purchased for and on behalf of the plaintiff-society on 30-1-1937. 2. the school building was constructed from out of the funds of the plaintiff-society. 3. The first defandant-rev. Phillipspellichera was acting as manager having been so appointed by the plaintiff-society and he had acknowledged the superintendence, control of the society. Re : st. Anthony society's church at jeppu, mangalora 1. The church was built by plaintiff- society. 2. The defendant rev. the school building was constructed from out of the funds of the plaintiff-society. 3. The first defandant-rev. Phillipspellichera was acting as manager having been so appointed by the plaintiff-society and he had acknowledged the superintendence, control of the society. Re : st. Anthony society's church at jeppu, mangalora 1. The church was built by plaintiff- society. 2. The defendant rev. Phillips pellichera was appointed as vicar of the church by the society on 29-9-1952. 3. The church was intended for the worship by jacobite syrian christians which includes amiochans and catholicos. 4. The plaintiff society has validlyterminated services of rev. Phillip pellichera, who was subject to spiritual and temporal authority of patriarch of antioch. In view of these findings the court below has granted the declaration and injunction, as prayed for, restraining the defendant from interfering with administration and management of school and church, as well. As regards the contentions urged by 1st defendant rev. Phillip pellichara, it was held thus :- "1. The property was not purchased for and on behalf of malankara orthodox syrian parish church and the school building did not belong to malankara church. 2. Rev. Phillips pellichera, having been appointed as manager of school and vicar of the church, was estopped from contending that plaintiff-society had no right to terminate his appointments. 3. Rev. Phillips pellichera is a trespasser and his possession in these insti tutions if any, was illegal. Similar findings, on these controversial issues were recorded in o. s. 11/1974, which is ultimately dismissed. Hence these appeals by defendant-rev. Phillips pellichera. ( 15 ) MR. H. g. hande, the learned counsel for the appellant urged that "malankara syrian orthodox church" had the control and superintendance over the school and church. The patriarch of antioch had no authority of any kind whatsoever in the affairs of the school and church. The termination order passed against him is illegal and void. The plaintiff-society was neither the owner of the school nor the church. He had built these institutions. The findings recorded by the court below are erroneous and they deserve to be set aside. ( 16 ) MISS prabhavathi shamanna supported the findings of the court below. She took us through the several documents to demonstrate as to how the property was acquired by the society. He had built these institutions. The findings recorded by the court below are erroneous and they deserve to be set aside. ( 16 ) MISS prabhavathi shamanna supported the findings of the court below. She took us through the several documents to demonstrate as to how the property was acquired by the society. She emphasised that appellant-defendant cannot disown his loyalty and allegiance to the jacobite syrian orthodox church nor can he disregard the order of the patriarch of antioch. She vehemently refuted the assertion of the appellant regarding the malankara church and contended that there is no iota of evidence to establish this assertion. She pleaded for dismissal of both the appeals. ( 17 ) IN this appeal though interim stay had been granted it is vacated on 11-10-1979 by a considered order. The resultant position is that since more than eleven years the appellant has no access either to school or to church. At the hearing Mr. H. g. hande the learned counsel for appellant sought to sustain his contention from "excerpts from the judgment of division bench of Hon'ble High Court of kerala" in the church case decided on 1-6-1990. We have secured the full text of the judgment and we express our thanks to the registrar of that court for promptly responding to our request. ( 18 ) IN the order in which the matter is canvassed in this appeal, the points that emerge for consideration are : 1) does the administration and management of school and church vest in malankara church, consequently patriarch of antioch is denuded of its control and superintendence; further to what source the appellant's appointment as manager of school and vicar of church is traceable ? 2) in whom the little of the suit properties vests? 3) whether decrees in the two suits challenged in these appeals are sustainable? And what relief ?. Re authority of malankara church: Mr. Hande submitted that after the decision of the Supreme Court in m. m. b. catholics v t. Pauloavira (AIR 1959 S. C. 31) the patriarch of antioch had no authority or say in the church affairs in india. ( 19 ) IN these appeals we are not concerned with this eccelesiastical aspect. Our concern is the right to properties in dispute. ( 19 ) IN these appeals we are not concerned with this eccelesiastical aspect. Our concern is the right to properties in dispute. If the finding of the court below that property belonged to plaintiff-society could be sustained on the materials placed by the parties, it is unnecessary to go into the question regarding their religious allegiance and affiliation. But to repell the argument of Mr. H. g. hande it would be sufficient to mention that article i of malankara constitution, 1934, on which appellant has relied, states that "malankara church is a division of orthodox syrian church, the primate of which is patriarch of antioch". Considering the matter in detail, the learned judges of Kerala high court have held that "the patriarch remains the spiritual head of orthodox syrian church including the malankara church (see para 96 ). It is concluded thus; "we hold that while patriarch of antioch is the head of the world orthodox syrian church catholicosof 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. " on the question whether church in question is a malankara church, the finding reads thus: "139. Point No. 26 : is st. Antony's church, mangalore part of malankara church and what reliefs, if any', are the plaintiffs entitled in regard to this church ? 140. Item No. 1040 in the list appended to plaint in 0 s. No. 4 of 1979 is st. Antony's church belonging to st. Antony's educational society at honavar. Neither the society nor the church or the trustees of the church were impleaded in the suit. Vicar general of the association has been impleaded as 17th defendant though not in a representative capacity. The society is a religious and charitable society registered under the societies Registration Act and also under the Bombay public Trust Act. Ext. B. 261 is the memorandum and articles of association of the society which purports to be under the control and superintendence of the patriarch. Sf. Antony's church was establishe d and founded by the society for the use of the orthodox syrian christians\residing in mangalore town. Ext. B. 262 is the judgment of the court of city civil judge in a batch of suits involving both factions of orthodox syrian church. Sf. Antony's church was establishe d and founded by the society for the use of the orthodox syrian christians\residing in mangalore town. Ext. B. 262 is the judgment of the court of city civil judge in a batch of suits involving both factions of orthodox syrian church. The [earned judge held that the catholicos had no jurisdiction over the church. Ext. B. 261 also makes no reference to catholicos. There is no evidence adduced to show that this church or society ever came under the jurisdiction of malankara church. It cannot be said that the Constitution of malankara sabha would bind this church. Plaintiffs in o. s. 4/79 certainly cannot secure any reliefs with reference to this church or the 17th defendant. Point answered accordingly". (italic words is ours) ( 20 ) THAT apart, article 1 of the memorandum of association of st. Anthony's education society reads thus : "article 1. Name and description the name of this organisation founded by brother p. George now reverend father george in January 1922 is "the st. Anthony's educational society", a religious order and its head-quarters shall be at honavar in india. The society shall be a religious association in accordance with the Provisions of the canon law of the holy, orthodox, catholic and apostolic syrian church of antioch and shall in all religious, moral, secular and educational matters be subject to the control and superintendence of his holiness moran mor ignatius ebrahim 1, the prince patriarch of antioch and all ihe east and his successors on the throne of antioch (hereinafter called the patriarch) through the delegate in malabar of the see of antioch for the time being or other authority specially nominated by the patriarch for the purpose. The society nas been registered at Bombay under the societies Registration Act xxi of 1860. " Annexure 'a' to the memorandum of association of the society is the copy of the rules regarding priests and brothers. Rule 1 of the rules reads thus : "any orthodox syrian catholic of age of 21 years or over may be admitted as a priest or brother into the order provided he completes the course of training prescribed by the order and is found by it spiritually, mentally and physically fit to be so admitted. Rule 1 of the rules reads thus : "any orthodox syrian catholic of age of 21 years or over may be admitted as a priest or brother into the order provided he completes the course of training prescribed by the order and is found by it spiritually, mentally and physically fit to be so admitted. Every such candidate shall at admission be called upon to make the religious profession and to bind himself to the order by taking the three holy vows in accordance with the evangelical counsels viz. The vow of voluntary poverty, the vow of perpetual chastity and the vow of entire obedience, the vow of obedience being qualified to subject him in all matters to the patriarch of the orthodox syrian catholic church of antioch. j (a) christ's sermon on the mount according to st. Mathew chapters v, vi and vii will be the Rule of life of each priest or brother who shall make it his bounden duty to read and meditate upon it at least twice a week in his aspiration after christian perfection. " last portion of Rule 13 reads thus : "no person, who does not subject himself to the entire control and superintendence of the patriarch nor accepts and maintains the true faith as preserved by the holy orthodox catholic and apostolic syrian church of antioch, can be the director of the order nor a priest or brother therein. " appellant was appointed as manager of school and vicar of church on 28th April 1952 vide exts. P-54 and p-55. His letter to kor episcopos george, thanking the letter for his appointment, which is written on the letter head of "syrian mission" (under the holy see of antioch) makes it clear that he had faithfully accepted the appointments and has been part of the school and church management. Pw-2 is the director general of the plaintiff-society. He has stated that church and school have nothing to do with the malankara church or with catholicos. The society had no connection with malankara church, nor the malankara church had any control over the affairs of society. He has testified the documents at ext. P-38, p-39 regarding the purchase of property for and on behalf of society. According to him the society appointed kuriakose ramban as the first vicar; he was followed by fr. Joseph and thereafter by fr. P. C, thomas. He has testified the documents at ext. P-38, p-39 regarding the purchase of property for and on behalf of society. According to him the society appointed kuriakose ramban as the first vicar; he was followed by fr. Joseph and thereafter by fr. P. C, thomas. He has also identified exhibits p-54 and p-55 by which appellant phillips pellichera was appointed as manager and vicar and further he was paid stipend of rs 50/- per month from the funds of society. He has produced the accounts ext-p-30 (a) signed by phillips pellichera. The appellant presided over the general body meeting held on 3rd july1955 (ext. P-27) where the annual accounts were passed, and members were elected for the next year. On 7th July 1957, a condolence meeting was held on the demise of moran mor ignatius ibrahim i, prince patriarch of antioch which was presided by the appellant. ( 21 ) THIS witness identifies the signature of appellant on several documents to illustrate that he was the manager of the school and vicar of church, under the plaintiff-society and at no point of time he has claimed his association with malankara church, he speaks to the contents of exhibits p-83 and p-84 written by the appellant to the patriarch of antioch. Nothing is elicited in the cross-examination to discredit his version in examina- tion-in-chiof. We do not find any reason to disbelieve this witness. Defendant is examined as dw-2. He states that he belongs to malankara church. He has produced baptism certificate dated 15-7-1978 (ext. D-4) (suit is filed on 15-2-1973), which states that appellant was born at niranam on 22-5-1915, and the author has named him as "phillip pellichera. " the author is not examined, the original baptismal register, on the basis of which the certificate is issued, is not produced. The certificate is issued after 63 years and there is no mention about this fact in the written statement filed on 22-8-1973. Further he states that he was appointed as a priest at niranam and was vicar of st. Thomas orthodox syrian chapel, poovanvelil; in support of this statement he has produced ext- d-5, which is dated 4-11-1969. Surprisingly this fact is not mentioned in the written statement. Moreover, defendant had been dismissed from both the posts on 15-10-1968. Therefore this certificate issued after 20 days is of no relevance. Further it is not proved by examining the author. Thomas orthodox syrian chapel, poovanvelil; in support of this statement he has produced ext- d-5, which is dated 4-11-1969. Surprisingly this fact is not mentioned in the written statement. Moreover, defendant had been dismissed from both the posts on 15-10-1968. Therefore this certificate issued after 20 days is of no relevance. Further it is not proved by examining the author. While the certificate states that "he is a priest and vicar" it does not state as to when and by whom he is appointed. If what is asserted by the appellant is correct, he has incurred the disqualification as under the rules of appointment extracted above, he could not continue either as manager or as vicar in the school and church of plaintiff- society- he asserts that he was appointed as vicar general of Mysore state and goa vide ext. D~6 dated 11-7-1973. ( 22 ) THIS fact is also not mentioned in the written statement. No one is examined to prove its contents. Further it is long after his dismissal and is issued after the institution of the suit. It has no relevance. Ext- d-7 is the annual report for the years 1971-72 published on 31st may 1972. For the similar reasons mentioned above, this document also has no relevance. Therefore for the aforesaid reasons, the contention of appellant that school and church are under the control and supervision of 'malankara' has to fail. The appellant having been appointed by the society is removable by it. His attempt to disown his master and denounce his loyalty is ilimotivated and opposed to realities. Hence rejected. ( 23 ) TITLE and right to possession of school and church , the plaintiff has pleaded that the land was purchased by rev. Pinto george on 30th January 1937 for Rs. 1500/- as is evidenced by ext. P-39 from sanjivrao. Pw-2 has stated that the sale consideration was provided by the society. As the land was subject to mulgeni, rent was paid as per ext. P-41 for the years 1962, 1964, 1965, 1966 and 1967. The audit report -at ext. P-42 shows that church building was constructed by the society. The expenditure for construction is proved by the balance sheets at exts. P-42 to p-49. As the land was subject to mulgeni, rent was paid as per ext. P-41 for the years 1962, 1964, 1965, 1966 and 1967. The audit report -at ext. P-42 shows that church building was constructed by the society. The expenditure for construction is proved by the balance sheets at exts. P-42 to p-49. Indeed the defendant-appellant describing himself as vicar general and organising secretary in his letter dated 1-4-1959, addressed to the director, kuriakal, syrian mission has requested the latter to send money for building (ext. P-31 ). While the defendant in para 9 of his written statement admits that the plaint 'b' schedule property i. a. school is the property of orthodox syrian west coast mission, without any basis, he qualifies it by saying that it is under control and authority of malankara metropolitan. Exts. P-82 series prove that the institution is managed and controlled by the plaintiff-society. Added to all this material is the unequivocal admission of appellant in ext. P-83 addressed to prince patriarch of antioch. Ext. D-8 produced by appellant shows that permission was granted to p. c. thomas, on behalf of syrian mission, r. 48 mangalore, to open the elementary school at jeppu. The other exhibits produced by appellant show that he has taken action only on behalf of jeppu syrian mission and not in his own. On the material, the conclusion is inescapable that school and church are the properties of the plaintiff-society. ( 24 ) APPELLANT is removed after issuing show cause notice by the authority which had appointed him. The validity of that order is not under challenge. Having lost his manager-ship and vicar-ship, he has no right to interfere with the management of the school and administration of church. The court below was justified in issuing injunction in favour of plaintiff-society. At the hearing Mr. H. g. hande has filed two interlocutory application under 0. 41, r 27 C. P. C. seeking to produce certain documents as additional evidence. We have examined all these documents. One of them is a xerox copy and the others are typed copies. One such document is a certificate dated 16-7-1990 issued from devalokam p. o. , kottayam. In the circumstances, its veracity is doubtful and the other copies which are much earlier to suit have no relevance. We have examined all these documents. One of them is a xerox copy and the others are typed copies. One such document is a certificate dated 16-7-1990 issued from devalokam p. o. , kottayam. In the circumstances, its veracity is doubtful and the other copies which are much earlier to suit have no relevance. There is no proper explanation why they were not produced before the trial court when the suits were pending in trial from 1973-1978. They are not likely to advance the case of the appellant. When these documents are sought to be produced 12 years after the filing of the appeal, having regard to the nature, it is difficult to act upon them. Hence i. as. For additional evidence are rejected. ( 25 ) FOR the aforesaid reasons, these appeals fail; they are dismissed. The appellant's contentions have been false and vexatious; hence is liable to pay costs. Both the appeals are dismissed with costs. Order on oral application for grant of leave to appeal to the Supreme Court ( 26 ) AFTER we pronounced the above judgment in court, Sri hands, learned counsel for the appellant, made an oral application for grant of leave to appeal to the Supreme Court from our judgment. In our view, no substantial question of law of general importance, which needs to be decided by the Supreme Court, arises for consideration. Hence, we reject the oral application made by Sri hande. Appeals dismissed. --- *** --- .