CSI fails to prove ownership of its entire land

The HC said that CSI had to establish its ownership in respect of the property.

Bengaluru:  The Church of South India (CSI) has failed to get an injunction order against certain persons who it alleged were trying to grab its property on Infantry Road, Bengaluru. The reversal came because it failed to prove that all of the property it claims belonged to it.

Justice L Narayana Swamy, in his judgement on April 23, said that the CSI has "failed to prove lawful possession and enjoyment in respect of the suit schedule property measuring 3.25 acres of land consisting of buildings as claimed in the suit schedule."

The CSI Trust Association, 'a religious charitable body' had filed the case for injunction against K Madhavaroyay over the property called 'Vishranthi Nilayam', headquarters of CSI Order of Sisters. The property earlier belonged to CSI's predecessor Church of England Zennana Missionary Society.

It claimed that Madhavaroyay, a 'stranger, having no right, title, interest' over the property was trying to interfere in the northern portion of the property claiming ownership over it. However the lower court not only rejected to grant an injunction against the person whom the CSI alleged was trying to interfere in the property but also noted that it was not in lawful possession of the property. Aggrieved by this order, the CSI approached the High Court.

The HC said that CSI had to establish its ownership in respect of the property. Only then would the question of interference by Madhavaroay arise. But each of the documents produced by CSI could not be considered as proof of ownership.

CSI was able to prove only a part of the 3.25 acres of land belonged to it. A gift made to its predecessor in 1908 by a British lady to the extent of 334 ft/253 ft/ 260 ft/ 370 ft was the only part of the property it managed to show the title deed for.

The HC upheld the lower court order, saying, that as the CSI sought to claim more extent of property without the proper documents to show that extent, the court could not come to its aid.

Source: Bangalore Mirror