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1995 Supreme(MP) 225

R.S.GARG
REV. THEODORE EKKA – Appellant
Versus
EVANGELICAL CHURCH OF INDIA – Respondent


Advocates Appeared:
A.G.Dhande, V.S.Shroti

R. S. GARG, J.

( 1 ) THE appellant-defendant, by the present appeal, has challenged the judgment and decree, dated 19-11-1993, passed in Civil Appeal No. 140-A of 1986, by the 1st Additional Judge to the Court of the District Judge, Hoshangabad, whereunder the order dated 30-9-1986 and the order, dated 10-10-1986, passed in Civil Suit No. 231-A of 1986, were set aside and the case was remanded back to the trial Court for proceeding in accordance with law.

( 2 ) BRIEF facts leading to the appeal, are, the respondent-plaintiff filed Civil Suit No. 231-A/1986 against the present appellant-defendant in the trial Court for possession of, a church building parsonage building, for recovery of arrears of rent and damages and also prayed for an injunction against the appellant. It was stated in the suit that the plaintiff is a registered society registered under the U. P. Societies Registration Act, having its registration No. 449/58/59. It was also contended that the principal aim and object of the society is to propogate the Christian religion and its allied charitable works. According to the plaintiff, the work of the society is carried on by the Board of Governers. The plaintiff purchase














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