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2.5 In the Schedule-I of the register of the Public Trust maintained by the Charity Commissioner under Sr.No. EG/643 under the head `Particular of document creating the Trust' in col.6 following is mentioned "Memorandum of Association".
2.6 It has been stated by the plaintiffs that in the plaint and memo of appeal and at the time of hearing of this appeal there was a move by various uniting denominations to merge into CNI including those of Maharashtra and Gujarat came to be crystalised in various meetings held by various congregations and churches. So far as the Brethren Church was concerned, at a meeting of its Governing Body held on 17.2.70, it was resolved by the general meeting to dissolve itself and merge with the CNI. The said resolution was passed at the meeting consisting of 78 members wherein 70 members voted in favour of the merger and 8 members voted against. The then office bearers of the Brethren Church, viz. President, Secretary, Trustees were also present at the said meeting. The resolution was passed as aforesaid and all six uniting denominations merged to form CNI at the inaugural function at Nagpur on 29.11.1970 by submitting the necessary resolutions of merger passed in their authentic governing bodies and signed by their authorised office bearers, and accepted the Plan of Church Union in India and Pakistan, 4th revised edition, 1965 (4th Plan for short) along with the constitution of CNI mentioned therein at part-I and became constituent of CNI from the day of inauguration i.e. 29.11.1970 onwards. All their members became members of the united church i.e. CNI which includes defendant No. 1 to 4 and their associated of Special Civil Suit No. 72/1979. Under the arrangement mentioned in the 4th Plan interim working arrangement was carried out within all the churches which merged into the CNI. This interim arrangement continued upto 7.10.1977.
2.7 A splinter group being less than 5% of the members of the former Brethren Church held a meeting against the Constitution of CNI on 26.11.78 and purpotedly decided to sever their connections with the CNI with effect from 1.12.78 and to function thereafter as the Brethren Church, according to the constitution of the former Brethren Church. Thereafter the said splinter group created disputes and differences with the representative body of the CNI, viz. Executive Committee of the Gujarat Diocese and stated functioning in the name of the so-called Brethren Church, and started collecting funds, donations etc. in the said name.
(8) The suit is in substance, a suit for permanent injunction against the persons of splinter group who are obstructing the possession and management of the properties of CNI which after the dissolution of the former Brethren Church and its merger with CNI were part of the properties of CNI. It may be noted that such obstruction was at the instance of few members of the former Brethren Church, but they are in different position. Legally, they are trespassers against whom a suit can be validly filed in civil court as held by this Court in the case reported in 1966 GLR 1011. (Re. Malek Chitta Rasul vs. Pathan Mohmedkhan Kalukhan).

4.5 It seems that on behalf of the CNI, an idea of amalgamating all the churches under one CNI was considered in the meeting held on 17th February, 1970, and it is alleged by the plaintiffs that majority members of the Brethren Church voted in favour of the resolution to unite with CNI. It was alleged that most of the churches or congregations under the Gujarat Diocesan Council implemented the Chapter and started functioning according to the constitution of the CNI and elected its own committee. Some members of the Brethren Churches of Jalalpur and Valsad who were resident of Valsad and Navsari, including the Treasurer and Secretary of the Brethren Church raised a question that they are a public trusts registered under the provisions of the BPT Act and on proper inquiry being made under the BPT Act, they were registered as existing public trust and their properties were also registered as the properties of the Brethren Church. Therefore, they continue as a public trust and they have a right to carry on their activities as public trust.