Cochin Royal Court Order (1905)

 SIRE PAPER

IN HIS HIGHNESS THE RAJA’S COURT OF APPEAL

Tuesday the 31st Karkidagam 1080.

Corresponding to 15th August 1905.

PRESENT

N. Pattabhirama Rao Esq. Dewan of Cochin

S. Locke Esq. Chief Judge, Chief Court of Cochin

T. C. Krishna Menon Esq. Senior Pusine Judge

Special Appeal No. 7 of 1076.

The Most Rev. Mar Dionysius and other Plaintiffs (Special Appellants)

Thomas Kathanar and other defendants (Special Respondents) special Appeal against the declare of the Appeal Court in A.S. No. 83 of 1073 confirming the degree of the Zillah Court of Trichur in O.S. No. 56 of 1069.

Concluding Para of the Judgement.

On the whole we are of opinion

1. That the Patriarch of Antioch is the spiritual head of the Malankara See. 

2. That the plaint Churches are included in that See. 

3. That the Churches and properties hours in the plaint schedules are bound by a trust in favour of those who worship God according to the faith doctrine and discipline of Jacobite Syrian Church in the communion of His Holiness, the Patriarch of Antioch and.

4. That the plaint churches and properties are therefore subject to the spiritual, temporal and ecclesiastical jurisdiction of the first plaintiff of the Metropolitan of Malankara for the time being we therefore direct that, subject to the approval of His Highness the Raja, the degree of the lower court be reversed and one be drawn of as sued for, except with regard to the kymuthu amount, the claim to which has not been pressed. 

Considering that both parties have been using the plaint churches in common for a long time, we make no order as to costs to both here and in the two lower courts.”

Dewan (Signature)

Chief Judge (Signature)

Pusine Judge (Signature)