S.S. Satheesachandran, J.

1. The defendants in O.S. No.13/90 on the file of First Additional District Court, Ernakulam are the appellants. Suit instituted as O.S. No. 226/1990 of Munsiff Court, Thodupuzha, involving a Church as its subject matter, on transfer, was renumbered and tried by the above district court. Suit of the respondents for declaration and injunction was decreed by learned District Judge, and hence the appeal by the defendants. Parties are hereinafter referred to as plaintiffs and defendants.

2. The appeal arises from a suit launched by one of the two rival factions against the other to have control, possession and administration of a Church, namely, St.George Jacobite Syrian Church, Edamaruku. In view of the rival claims and wrangle for possession of the Church by the warring groups proceedings under section 145 of the Code of Criminal Procedure, for short the Code, had been taken by the executive authorities, and now possession of the Church is with a receiver. By orders passed by this court in the appeal possession of the receiver over the Church still continues.

3. Suit was instituted by plaintiffs claiming that first plaintiff is the vicar of the Church, second plaintiff, is its Kaikaran and third plaintiff, a member of the managing committee of the parish. In the nature of the limited question arising for adjudication in the appeal a detailed narration of the pleadings set out by both parties is found to be unnecessary. Suffice to state, narrating the history of the church, adoption of a constitution in 1934 and its binding force over the churches and parishioners of Malankara Association, and also the litigative history which continued among the two factions, one owing allegiance the Catholicos (Orthodox) and the other to the Patriarch of Antioch (Jacobites) plaintiffs have sought for the reliefs set out in the suit against the defendants, who belong to the rival groups owing allegiance to Patriarch of Antioch. In the suit the following reliefs are sought for.

A. Declare that the 1st plaintiff or other priests and vicars appointed by the diocesan metropolitan of Kandanad dioceses as functioning under the constitution of the Malankara Church(now Joseph MarPachomeos) as per the provisions of the said constitution can only function in the plaint church.

B. Prevent the defendants by a decree of permanent injunction from exercising any authority in the plaint parish church and over and by its assets as scheduled hereunder and also prevent them and members of their group from in any manner preventing the functioning of the first plaintiff and others appointed under the provision of the constitution of the Malankara Church in and about and regarding the plaint church and all its assets.

Defendants have resisted the suit setting up their rival claim for having control and administration of the church and its properties, raising various contentions including challenges against the Constitution of 1934 banked upon by plaintiffs, in fact, the citadel on which they claim their entitlement to have the reliefs set out in the suit. Both sides adduced evidence in the case, which consisted of PW1 and A1 to A7 for plaintiffs, and DW1 and B1 and B2 for defendants.

4. Appreciating the pleadings and materials produced by both sides learned Additional District Judge has decreed the suit as hereunder.

I hereby declare that the first plaintiff or other priests and vicars appointed by the diocesan metropolitan of Kandanadu diocese as functioning under the constitution of the Malankara Church as per the provisions of the said constitution can only function in the plaint parish church. The defendants are restrained by a permanent injunction from exercising any authority in the plaint parish church and over and by its assets and also restrained them and the members of their group from in any manner preventing the functioning of the first plaintiff and others appointed under the provisions of the constitution of the Malankara Chu