This appeal is by the defendants in O.S.No.1368/1997 on the file of 31st Addl. City Civil Judge, Bengaluru. By judgment and decree dated 27.08.2003, the trial court decreed the suit of the respondents and hence this appeal.

2. By referring to the parties with respect to their positions in the trial court the pleadings in brief are as follows :

The subject matter of the suit is the management of a church called Hebron Church situated at No.G.B.J.447/4, near water Tank, Marathahalli, Bangalore – 37. The 1st plaintiff is a registered charitable trust. The plaintiffs 2 to 8 are its trustees. It was constituted mainly for the purpose of managing the activities of the church and to meet the religious needs of the protestants Christian members of HAL employees residing at HAL township, Bangalore. The HAL management let out lands to various religious institutions in order to meet the religious needs of its employees at its township area and accordingly a piece of land was also allotted to the plaintiffs. The religious activities of the trust was entrusted to one of the trustees Sri. Rathnaiah who was also the founder and author of the trust. He was being paid salary of Rs.800/- initially and it was increased to Rs.1,000/- per month subsequently. On his personal reasons he resigned from the trusteeship and returned to his native place in Andhra Pradesh.

3. When Rathnaiah left for his native place, the 1st defendant approached the Board of Trustees with a request for job of doing holy services at the church. In fact Rathnaiah introduced the 1st defendant to the trust. Therefore the board of trustees appointed the 1st defendant temporarily for a month or two for performing the religious ceremonies or observances. The services of the 1st defendant was not continued as he lacked the pastoral qualities of humility and meekness and that he also did not possess pastoral experience or qualification in theological education. Therefore his services was not continued. After the 1st defendant was discontinued, one P.D. Jesudhas was also an author and founder member of the trust started performing holy services of the church till October, 1996 and then he died on 2.11.1996. Therefore the chairman of the trust started performing the holy services of the church.

4. The 1st defendant, in order to prevent the board of trustees from implementing the objects of the trust resorted to unlawful activities in connivance with the other two defendants. On 14.01.1996, during Sunday holy services the defendants gained entry into the church with hired goondas and forcibly took away offertory money and threatened the congregation with dire consequences. In this regard the Vice Chairman of the trust made a complaint to the police on 15.01.1996. The defendants kept quite for sometime and again on 31.03.1996, the defendants came with goondas, opened the offertory box and carried away the money available in that box. They repeated their unlawful acts on 07.04.1996 also. Therefore the plaintiffs filed a suit for permanent injunction to restrain the defendants or anybody claiming under them from entering into the church premises, for a direction to the defendants to render proper accounts of the money stolen by them by opening the offertory box and for a declaration that the monies collected by the defendants in the name of the church are the funds of the Hebron church and that they do not have right of whatsoever nature to meddle with the trust fund.

5. The defendants denied all the plaint averments and contended that the Hebron Church, Hyderabad is a registered society and was also called THE SOCIETY OF TRUSTEES OF INDIGINEOUS CHURCHES IN INDIA. It was registered under the provisions of Andhra Pradesh State Societies Act and had its registered office at Golconda Cross Road, Hyderabad. The said society opened churches through out India, each society being managed by local managing committee selected from among the active church members. Thus in the year 1965, a fi