Thursday, September 30, 2010

Statement of Sarsanghachalak ma. Mohanrao Bhagwat on the Allahabad High Court Judgement on Ayodhya

Statement of Sarsanghachalak ma. Mohanrao Bhagwat on the Allahabad High Court Judgement on Ayodhya

Through today's verdict the Allahabad High Court has acknowledged and ratified the age-old faith of crores of people of Bharat in Maryada Purushottam Sri Ram and his Janm Bhumi. There for I welcome and congratulate the honourable Justices who delivered it. I also congratulate the battery of lawyers who were involved in this legal battle, all the saints who were leading the Ram Janm Bhumi movement and all the others including the people of the country who participated in it in a big way. I offer my respectful homage to the sacred and inspiring memory of all those Karsevaks like Kothari brothers who have laid down their lives in the movement for reestablishing that faith.

Building of the Ram temple signifies the identity, honour, independence and valour of our country. Sri Ram is the epitome of the eternal, inclusive, caring and tolerant culture of our Bharat. The movement for Ram Temple is not a reactionary one, nor is it against any particular community.

Hence this verdict, that facilitates building of a magnificent temple for Maryada Purushottam Ram, should not be seen by the society as a victory to any group or defeat to the other. Our joy and happiness should find expression in a controlled, peaceful manner within the limits of law and Constitution; uncalled for provocations must be avoided. This is an excellent opportunity to rise above all the past experiences in the spirit of our tolerant and inclusive national culture and strive to organise our diverse, multiple-lingual and multiple-religious society into a united, disciplined and conflict-free one inspired by a grand and sacred vision.

Hence I take this opportunity to heartily and affectionately call upon all our countrymen including the Muslims to forget all the ill-will and hard feelings borne out of the conflicts of the past decades and welcome the verdict of the judiciary, thus becoming active collaborators in organising necessary constitutional and practical means for building the magnificent temple for Maryadaurushottam Sri Ram.

पू. सरसंघचालक मा. मोहन भागवत् जी का अलाहाबाद उच्च न्यायालय के अयोध्या निर्णय पर वक्तव्य

पू. सरसंघचालक मा. मोहन भागवत् जी का अलाहाबाद उच्च न्यायालय के अयोध्या निर्णय पर वक्तव्य
श्रीरामजन्मभूमि को लेकर चलते आए न्यायिक विवाद में अलाहाबाद उच्च न्यायालय द्वारा दि. 30 सितम्बर 2010 को घोषित निर्णय से मर्यादा पुरुषोत्तम श्रीराम तथा उनकी जन्मभूमि अयोध्या के प्रति भारत के जनमानस की सनातन आस्था को अनुमोदित व सम्मानित किया है। इसलिए निर्णयकर्ता न्यायाधीशोंका, न्यायिक प्रक्रिया में सहभागी अधिवक्ताओं का, श्रीरामजन्मभूमि आंदोलन का नेतृत्व करनेवाले सभी संतों का, आंदोलन करनेवाली जनता सहित सभी सहयोगियों का हम हार्दिक अभिनन्दन करते है। उस आस्था की प्रतिष्ठापना के लिए चले श्रीरामजन्मभूमि आंदोलन में अपने प्राणों का बलिदान देनेवाले कोठारी बंधुओं जैसे सभी कारसेवकों की पवित्र व तेजस्वी स्मृति में हम अपनी श्रद्धावनत आदरांजलि अर्पण करते हैं।
मंदिर का निर्माण इस देष की पहचान, अस्मिता, स्वातंत्र्याकांक्षा तथा विजिगीषा का गौरव है। अपने इस भारतवर्ष की सनातन, सर्वसमावेशक, सबके प्रति आत्मीय व सहिष्णु संस्कृति के आचरण की मर्यादा के मानक श्रीराम है। मंदिर निर्माण का आंदोलन किसी वर्गविशेष के विरोध अथवा प्रतिक्रिया में नहीं है।
अतएव रामजन्मभूमि पर मर्यादा पुरुषोत्तम श्रीराम के भव्य मंदिर के निर्माण की प्रक्रिया का मार्ग प्रशस्त करनेवाले न्यायालय के इस निर्णय को समाज के किसी वर्ग की विजय अथवा पराजय के रूप में नही देखा जाना चाहिए। अपने हर्श को संयमित, शान्तिपूर्ण, विधि व संविधान की मर्यादा में ही, अकारण उत्तेजना से बचते हुए समझदारी से व्यक्त करना चाहिए। राष्ट्रीय संस्कृति की सहिष्णुता व सर्वसमावेशकता की प्रतिष्ठा को ध्यान में रखते हुए, पुरानी घटनाओंको भूलकर, एक भव्य व पवित्र लक्ष्य के आधारपर, अनेक भौगोलिक, भाशिक व पांथिक विविधताओंसे सुशोभित अपने समाज को एकात्मता व मर्यादा के दृढ सूत्र में गूँथकर भेदरहित बनाने का यह अवसर मिला हें। इसीलिये इस अवसर पर इस देश के मुसलमानोंसहित अपने समाज के सभी वर्गोको हमारा हार्दिक तथा आत्मीयतापूर्ण आवाहन हैं कि गत दषकों में चले अनेक विवादों की कटुता, हृदयोंकी विषमता व असहजता को भूलकर न्यायालय के निर्णय का स्वागत करते हुए श्रीरामजन्मभूमिपर मर्यादा पुरुषोत्तम श्रीराम के भव्य मंदिर के निर्माण की संवैधानिक व व्यावहारिक व्यवस्थाएँ निर्माण करने के अभियान में मिलजुलकर सहयोगी बने।

BRIEF SUMMARYD:\AYODHYA VERDICT

1
BRIEF SUMMARY
Subject matter of the decided cases
OOS No. 1 of 1989 Shri Gopal Singh Visharad Vs. Zahur
Ahmad and 8 others, OOS No. 3 of 1989 Nirmohi Aakhada etc. Vs.
Baboo Priya Dutt Ram and others, OOS No. 4 of 1989 Sunni
central Board of Waqfs U.P. Lucknow and others Vs. Gopal Singh
Visharad and others and O.O.S.No. 5 of 1989 Bhagwan Sri Ram
Virajman at Ayodhya and others Vs. Rajendra Singh and others
were filed before the Court of Civil Judge, Faizabad. Thereafter on
the request of State of U.P. the cases were transferred to this Court
and Hon'ble the Chief Justice constituted special Bench.
Government of India decided to acquire all area of the
disputed property and the suits were abated. Thereafter the apex
court directed this Court to decide the case as per judgement in
Dr.M. Ismail Faruqui and others Vs. Union of India and others
reported in (1994) 6 SCC 360.
OOS No. 4 of 1989 (Reg. Suit No.12-61)
The Sunni Central Board of Waqfs U.P., Lucknow & others
Versus
Gopal Singh Visharad and others
The instant suit has been filed for declaration in the year 1961
and thereafter in the year 1995 through amendment relief for
possession was added.
Plaint case in brief is that about 443 years ago Babur built a
mosque at Ayodhya and also granted cash grant from royal treasury
for maintenance of Babri Mosque. It was damaged in the year 1934
during communal riots and thereafter on 23.12.1949 large crowd of
Hindus desecrated the mosque by placing idols inside the mosque.
The disputed property was attached under Section 145 Cr.P.C.and
thereafter the suit was filed for declaration and for delivery of
possession beyond the period of limitation.
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On behalf of the defendants separate written statements were
filed alleging that structure is not a mosque and it was constructed
after demolishing the temple against the tenets of Islam. The A.S.I.
report was obtained which proved the earlier construction of
religious nature.
On the basis of the report of the Archeological Survey of
India massive structure of religious nature is required to be
maintained as national monument under the Ancient Monument
Archeological Site and Remains Act, 1958. The Apex Court in
Rajiv Mankotia Vs. Secretary to the President of India and
others, AIR 1997 Supreme Court page 2766 at para 21 directed
the Government of India to maintain such national monuments.
Thus, it is mandatory on the part of the Central Government to
comply with the provisions of Act No. 24 of 1958 and ensure to
maintain the dignity and cultural heritage of this country .
On behalf of some of the defendants, it was alleged that not
only in the outer courtyard but also in the inner courtyard people
used to worship the birth place of deity and it is being worshipped
from times immemorial. The Court dismissed the suit. Issue wise
finding is as under;
O.O.S. No.
4 of 1989
Issues No. 1 and 1(a)
1. Whether the building in question described as mosque in the
sketch map attached to the plaint (hereinafter referred to as
the building) was a mosque as claimed by the plaintiffs? If
the answer is in the affirmative?
1(a) When was it built and by whom-whether by Babar as alleged
by the plaintiffs or by Meer Baqi as alleged by defendant
No. 13?
Decided in favour of defendants and against the plaintiffs.
3
Issues No. 1(b)
1(b) Whether the building had been constructed on the site of an
alleged Hindu temple after demolishing the same as alleged
by defendant No. 13? If so, its effect?
Decided in favour of defendants and against the plaintiffs
on the basis of A.S.I. Report.
1(A). Whether the land adjoining the building on the east, north and
south sides, denoted by letters EFGH on the sketch map, was
an ancient graveyard and mosque as alleged in para 2 of the
plaint? If so, its effect?
Deleted vide courts order dated 23.2.96.
Issues No. 1(B)a
1-B(a). Whether the building existed at Nazul plot no. 583 of the
Khasra of the year 1931 of Mohalla Kot Ram Chandra known
as Ram Kot, city Ahodhya (Nazul estate of Ayodhya ? If so
its effect thereon)”
Property existed on Nazul Plot No. 583 belonging to
Government.
Issues No. 1(B)(b)
1B(b).Whether the building stood dedicated to almighty God as
alleged by the plaintiffs?
Decided against the plaintiffs.
Issues No. 1(B)(c)
1-B (c ).Whether the building had been used by the members of the
Muslim community for offering prayers from times
immemorial ? If so, its effect?
Decided against the plaintiffs.
Issues No. 1(B)(d)
1-B(d).Whether the alleged graveyard has been used by the
members of Muslim community for burying the dead
bodies of the members of the Muslim community? If so,
its effect?
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Issue 1 B (d) deleted vide court order dated 23.2.96.
Issues No. 2, 4, 10, 15 & 28
2. Whether the plaintiffs were in possession of the property in
suit upto 1949 and were dispossessed from the same in 1949
as alleged in the plaint?
4. Whether the Hindus in general and the devotees of Bhagwan
Sri Ram in particular have perfected right of prayers at the
site by adverse and continuous possession as of right for more
than the statutory period of time by way of prescription as
alleged by the defendants?
10. Whether the plaintiffs have perfected their rights by adverse
possession as alleged in the plaint?
15. Have the Muslims been in possession of the property in suit
from 1528 A.D. Continuously, openly and to the knowledge
of the defendants and Hindus in general? If so, its effect?
28. “Whether the defendant No. 3 has ever been in possession of
the disputed site and the plaintiffs were never in its
possession?”
These issues are decided against the plaintiffs.
Issues No. 3
3. Is the suit within time?
Decided against the plaintiffs and in favour of defendants.
Issues No. 5(a)
5(a) Are the defendants estopped from challenging the character
of property in suit as a waqf under the administration of
plaintiff No. 1 in view of the provision of 5(3) of U.P. Act
13 of 1936?
(This issue has already been decided in the negative vide
order dated 21.4.1966 by the learned Civil Judge).
Issues No. 5(b)
5(b). Has the said Act no application to the right of Hindus in
general and defendants in particular, to the right of their
worship?
Decided against the plaintiffs and in favour of defendants.
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Issues No. 5(c)
5(c). Were the proceedings under the said Act conclusive?
(This issue has already been decided in the negative vide
order dated 21.4.1966 by the learned Civil Judge.)
Issues No. 5(d)
5(d). Are the said provision of Act XIII of 1936 ultra-vires as
alleged in written statement?
(This issue was not pressed by counsel for the defendants,
hence not answered by the learned Civil Judge, vide his
order dated 21.4.1966).
Issues No. 5(e) and 5(f)
5(e). Whether in view of the findings recorded by the learned Civil
Judge on 21.4.1966 on issue no. 17 to the effect that, “No
valid notification under section 5(1) of the Muslim Waqf Act
(No. XIII of 1936) was ever made in respect of the property
in dispute”, the plaintiff Sunni Central Board of Waqf has no
right to maintain the present suit?
5(f). Whether in view of the aforesaid finding, the suit is barred on
accunt of lack of jurisdiction and limitation as it was filed
after the commencement of the U.P. Muslim Waqf Act,
1960?
Both these issues are decided against the Plaintiffs.
Issue No. 6
6. Whether the present suit is a representative suit, plaintiffs
representing the interest of the Muslims and defendants
representing the interest of the Hindus?
Decided in favour of plaintiffs and against the defendants.
Issue No. 7(a)
7(a). Whether Mahant Raghubar Dass, plaintiff of Suit No. 61/280
of 1885 had sued on behalf of Janma-Sthan and whole body
of persons interested in Janma-Sthan?
Decided against the plaintiffs and in favour of the
defendants.
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Issue No. 7(b)
7(b). Whether Mohammad Asghar was the Mutwalli of alleged
Babri Masjid and did he contest the suit for and on behalf of
any such mosque?
Decided against the plaintiffs and in favour of the
defendants.
Issue No. 7(c)
7(c). Whether in view of the judgment in the said suit, the
members of the Hindu community, including the contesting
defendants, are estopped from denying the title of the
Muslim community, including the plaintiffs of the present
suit, to the property in dispute? If so, its effect?
Decided against the plaintiffs.
Issue No. 7(d)
7(d). Whether in the aforesaid suit, title of the Muslims to the
property in dispute or any portion thereof was admitted by
plaintiff of that suit? If so, its effect?
Decided against the plaintiffs.
Issue No. 8
8. Does the judgment of Case No. 6/281 of 1881, Mahant
Raghubar Dass Vs. Secretary of State and others, operate as
res judicate against the defendants in suit?
Decided against the plaintiffs and this judgment will not
operate as resjudicata against the defendants in suit.
Issue No.9
9. Whether the plaintiffs served valid notices under Sec. 80
C.P.C. (Deleted vide order dated May 22/25, 1990).
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Issues No.11, 13, 14, 19(a) & 19(c)
11. Is the property in suit the site of Janam Bhumi of Sri Ram
Chandraji?
13. Whether the Hindus in general and defendants in particular
had the right to worship the Charans and 'Sita Rasoi' and
other idols and other objects of worship, if any, existing in
or upon the property in suit?
14. Have the Hindus been worshipping the place in dispute as Sri
Ram Janam Bhumi or Janam Asthan and have been visiting it
as a sacred place of pilgrimage as of right since times
immemorial? If so, its effect?
19(a).Whether even after construction of the building in suit deities
of Bhagwan Sri Ram Virajman and the Asthan Sri Ram Janam
Bhumi continued to exist on the property in suit as alleged on
behalf of defendant No. 13 and the said places continued to
be visisted by devotees for purposes of worship? If so,
whether the property in dispute continued to vest in the said
deities?
19(c). Whether any portion of the property in suit was used as a
place of worship by the Hindus immediately prior to the
construction of the building in question? If the finding is in
the affirmative, whether no mosque could come into existence
in view of the Islamic tenets, at the place in dispute?
Decided against the plaintiffs.
Issue No.12
12. Whether idols and objects of worship were placed inside the
building in the night intervening 22nd and 23rd December,
1949 as alleged in paragraph 11 of the plaint or they have
been in existence there since before? In either case, effect?
Idols were installed in the building in the intervening
night of 22/23rd December, 1949.
8
Issue No.17
17. Whether a valid notification under Section 5(1) of the U.P.
Muslim Waqf Act No. XIII of 1936 relating to the property in
suit was ever done? If so, its effect?
(This issue has already been decided by the learned Civil
Judge by order dated 21.4.1966).
Issue No.18
18. What is the effect of the judgdment of their lordships of the
Supreme Court in Gulam Abbas and others Vs. State of U.P.
and others, A.I.R. 1981 Supreme Court 2198 on the finding of
the learned Civil Judge recorded on 21st April, 1966 on issue
no. 17?
Decided against the plaintiffs and in favour of defendants.
Issue No.19(b)
19(b). Whether the building was land-locked and cannot be reached
except by passing through places of Hindu worship? If so, its
effect?
Decided against the plaintiffs and in favour of the
defendants.
Issue No.19(d)
19(d). Whether the building in question could not be a mosque
under the Islamic Law in view of the admitted position that it
did not have minarets?
Decided against the plaintiffs and in favour of the
defendants.
Issue No. 19(e)
19(e).Whether the building in question could not legally be a
mosque as on plaintiffs own showing it was surrounded by a
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graveyard on three sides.
Decided against the plaintiffs.
Issues No.19(F)
19(F).Whether the pillars inside and outside the building in question
contain images of Hindu Gods and Goddesses? If the finding
is in the affirmative, whether on that account the building in
question cannot have the character of Mosque under the
tenets of Islam?
Decided against the plaintiffs and in favour of the
defendants.
Issue No.20(a)
20(a). Whether the Waqf in question cannot be a Sunni Waqf as the
building was not allegedly constructed by a Sunni
Mohammedan but was allegedly constructed by Meer Baqi
who was allegedly a Shia Muslim and the alleged Mutwalis
were allegedly Shia Mohammedans? If so, its effect?
Decided against the plaintiffs.
Issue No.20(b)
20(b). Whether there was a Mutwalli of the alleged Waqf and
whether the alleged Mutwalli not having joined in the suit, the
suit is not maintainable so far as it relates to relief for
possession?
Suit is not maintainable and the issue is decided in favour
of the defendants.
Issue No.21
21. Whether the suit is bad for non-joinder of alleged deities?
Decided against the plaintiffs and in favour of the
defendants.
10
Issues No. 23 & 24
23. If the wakf Board is an instrumentality of state? If so,
whether the said Board can file a suit against the state itself?
24. If the wakf Board is state under Article 12 of the
constitution? If so, the said Board being the state can file any
suit in representative capacity sponsering the case of
particular community and against the interest of another
community)”.
Issues are decided against the plaintiffs and the suit is not
maintainable.
Issues No. 25 & 26
25. “Whether demolition of the disputed structure as claimed by
the plaintiff, it can still be called a mosque and if not whether
the claim of the plaintiffs is liable to be dismissed as no
longer maintainable?”
26. “Whether Muslims can use the open site as mosque to offer
prayer when structure which stood thereon has been
demolished?”
Decided against the plaintiffs and in favour of the
defendants.
Issue No. 27
27. “Whether the outer court yard contained Ram Chabutra,
Bhandar and Sita Rasoi? If so whether they were also
demolished on 6.12.1992 along with the main temple?”
Yes, issue is decided in positive.
Issue No.16 & 22
16. To what relief, if any, are the plaintiffs or any of them,
entitled?
22. Whether the suit is liable to be dismissed with special costs?
Plaintiffs are not entitled for any relief.
The suit is dismissed with easy costs.
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O.O.S No. 1 of 1989 (R.S.No.2-50)
Sri Gopal Singh Visharad Vs. Zahoor Ahmad and others
The instant suit has been filed on the assertion that the father
of the plaintiff on 14.1.1950 was not allowed to touch the deity.
Accordingly the injunction has been sought on behalf of the
defendants including the State Government to not disallow the
plaintiff to touch the deity.
State Government opposed the claim and stated that in order
to control the crowd reasonable restrictions were imposed.
The suit was dismissed for the reasons (i) no valid notice was
given, ( ii) the plaintiff has no legal character and (iii) the State
Government can impose reasonable restrictions in public interest
to control the crowd and to enable every body to have the Darshan
of the deity.
Finding of the court issue wise is as follows;
O.O.S. No.
1 of 1989
Issues No. 1, 2 and 6
1. Is the property in suit the site of Janam Bhumi of Shri Ram
Chandra Ji?
2. Are there any idols of Bhagwan Ram Chandra Ji and are His
Charan Paduka’ situated in the site in suit.?
6. Is the property in suit a mosque constructed by Shansha
Babar commonly known as Babri mosque, in 1528A.D.?
Connected with issues No. 1(a), 1(b), 1-B (b), 19-d, 19-e
and 19-f of the Original Suit No. 4 of 1989, wherein these
issues have been decided in favour of defendants and
against the Sunni Central Waqf Board, U.P.
Issues No. 3, 4 & 7
3. Has the plaintiff any right to worship the ‘Charan Paduka’ and
the idols situated in the place in suit.?
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4. Has the plaintiff the right to have Darshan of the place in
suit.?
7. Have the Muslims been in possession of the property in suit
from 1528A.D.?
Connected with Issues No. 1-B(c), 2, 4, 10, 11, 12, 13, 14,
15,19-a, 19-b, 19-c, 27 and 28 of Original Suit No. 4 of 1989,
wherein these issues have been decided in favour of
defendants and against the plaintiffs.
Issues No. 9, 9(a), 9(b) & 9(c)
9. Is the suit barred by provision of section (5) (3) of the Muslim
Waqfs Act (U.P. Act 13 of 1936);?
(a) Has the said act no application to the right of Hindus in
general and plaintiff of the present suit, in particular to his
right of worship.?
(b) Were the proceedings under the said act referred to in written
statement para 15 collusive? If so, its effect?
(c) Are the said provisions of the U.P. Act 13 of 1936 ulta-vires
for reasons given in the statement of plaintiff’s counsel dated
9.3.62 recorded on paper No.454-A-?
Connected with Issues No. 5-a, 5-b, 5-c, 5-d, 5-e, 5-f, 7-b,
17(issue no.17 of O.O.S. No.4 of 1989 has already been
decided by the Civil Judge, Faizabad) 18, 20-a, 20-b, 23,
24, 25 and 26 of Original Suit No. 4 of 1989, wherein these
issues have been decided in favour of defendants and
against the plaintiffs.
Issues No. 5(a) & 5(b)
5(a) Was the property in suit involved in original suit no.61/280 of
1885 in the court of sub-judge, Faizabad Raghubar Das
Mahant Vs. Secretary of State for India & others.?
5(b) Was it decided against the plaintiff.?
Connected with issue No. 1-B (a) of Original Suit No. 4 of
1989.
Property existed on Nazul plot No. 583 belonging to
Government.
13
Issues No. 5(c) & 5(d)
5(c) Was that suit within the knowledge of Hindus in general and
were all Hindus interest in the same.?
5(d) Does the decision in same bar the present suit by principles of
Resjudicata and in any other way?
Connected with issue No. 7-a, 7-c, 7-d and issue no. 8 in
Original Suit No. 4 of 1989, wherein these issues have been
decided in favour of defendants and against the plaintiffs.
Issue No. 13
13. Is the suit No.2 of 50 Shri Gopal Singh Visharad Vs. Zahoor
Ahmad bad for want of notice under section 80 C.P.C. ?
Decided in favour of defendants and against the plaintiffs.
Issue No. 8
8. Is the suit barred by proviso to section 42 Specific Relief
Act.?
Decided against the plaintiffs and in favour of defendants.
Issues No. 11(a) & 11(b)
11(a) Are the provisions of section 91 C.P.C. applicable to present
suit ? If so is the suit bad for want of consent in writing by the
advocate general ?
11(b) Are the rights set up by the plaintiff in this suit independent of
the provisions of section 91 C.P.C. ? if not its effect. ?
Decided in favour of plaintiffs and against the defendants.
Issue No. 12
12. Is the suit bad for want of steps and notices under order 1
Rule 8 C.P.C. ? If so its effect. ?
Decided in favour of plaintiffs and against the defendants.
Issue No. 14
14. Is the suit no.25 of 50 Param Hans Ram Chandra Vs. Zahoor
Ahmad bad for want of valid notice under section 80 C.P.C. ?
Withdrawn, no finding is required.
14
Issue No. 15
15. Is the suit bad for non-joinder of defendants.?
NO
Issue No. 10
10. Is the present suit barred by time ?
NO
Issue No. 16 & 17
16. Are the defendants or any of them entitled to special costs
under section 35-A C.P.C.?
17. To what reliefs, if any, is the plaintiff entitled. ?
Plaintiff is not entitled for the relief claimed and the suit is
dismissed with easy costs.
15
OOS No. 3 of 1989
Nirmohi Akhara & Anr. Vs. Shri Jamuna Prasad Singh & Ors.
The suit was filed by Nirmohi Akhara, alleging that right
from times immemorial, they are worshipping the deities.
Accordingly the management of the temple may be handed over to
the plaintiff by defendant- State Government.
The defendants have contested the claim and this Court
found the suit barred by time and also on merits that the plaintiff
failed to prove the case.
Finding of the court issue wise is as follows;
O.O.S. No.
3 of 1989
Issues No. 1, 5 and 6
1. Is there a temple of Janam Bhumi with idols installed therein
as alleged in para 3 of the plaint ?
5. Is the property in suit a mosque made by Emperor Babar
Known as Babari masjid ?
6. Was the alleged mosque dedicated by Emperor Babar for
worship by Muslims in general and made a public waqf
property?
Connected with Issues No. 1, 1(a), 1(b), 1B(b), 12, 19(d),
19(e) and 19(f) of O.O.S. No. 4 of 1989, wherein these issues
have been decided in favour of defendants and against the
plaintiffs.
Issues No. 2, 3, 4 & 8
2. Does the property in suit belong to the plaintiff No.1 ?
3. Have plaintiffs acquired title by adverse possession for over 12
years ?
4. Are plaintiffs entitled to get management and charge of the
said temple ?
16
8. Have the rights of the plaintiffs extinguished for want of
possession for over 12 years prior to the suit ?
Connected with Issues No. 1B(c), 2, 4, 10, 11, 12, 13, 14, 15,
19(a), 19(b), 19(c), 27 & 28 of O.O.S. No. 4 of 1989.
Decided against the Plaintiffs.
Issues No. 7(a), 7(b) & 16
7(a) Has there been a notification under Muslim Waqf Act (Act
no.13 of 1936) declaring this property in suit as a Sunni Waqf ?
7(b) Is the said notification final and binding ? Its effect.
16. Is the suit bad for want of notice u/s 83 of U.P. Act 13 of
1936 ?
Connected with issues no. 5(a), 5(b), 5(c), 5(d), 5(e), 5(f),
7(b), 17, 18, 20(a), 20(b), 23, 24, 25 and 26 in O.O.S No. 4 of
1989, wherein these issues have been decided against the
plaintiffs.
Issue No. 9
9. Is the suit within time ?
Connected with issues no. 3 decided in O.O.S. No. 4 of 1989.
Decided in favour of defendants and against the plaintiffs.
Issues No. 10(a) & 10(b)
10(a) Is the suit bad for want of notice u/s 80 C. P.C.
10(b) Is the above plea available to contesting defendants ?
Decided in favour of the plaintiffs and against the
defendants.
Issue No. 11
11. Is the suit bad for non-joinder of necessary defendants ?
Connected with Issue No. 21 of O.O.S. No. 4 of 1989.
Decided in favour of defendants and against the plaintiffs.
17
Issue No. 14
14. Is the suit not maintainable as framed ?
Decided in favour of the plaintiffs and against the
defendants.
Issue No. 17
17. (Added by this Hon'ble Court order dated 23.2.96) “Whether
Nirmohi Akhara, Plaintiff, is Panchayati Math of Rama Nandi
sect of Bairagies and as such is a religious denomination
following its religious faith and per suit according to its own
custom.”
Decided in favour of the plaintiffs and against the
defendants.
Issue No. 15
15. Is the suit properly valued and Court-Fee paid sufficient ?
(Already decided)
Issues No. 12 & 13
12. Are defendants entitled to special costs u/s 35 C.P.C. ?
No.
13. To what relief, if any, is the plaintiff entitled ?
Suit is Dismissed.
18
O.O.S. No. 5 of 1989 (R.S.NO. 236/1989
Bhagwan Sri Rama Virajman & Ors. Vs. Sri Rajendra Singh & Ors.
The instant suit was filed on behalf of the deities and Sri
Ram Janm Bhumi through the next friend, praying that the
defendants be restrained not to interfere in the construction of the
temple of plaintiff nos. 1 and 2 on the ground that the deities are
perpetual minors and against them Limitation Laws do not run.
This Court is of the view that place of birth that is Ram Janm
Bhumi is a juristic person. The deity also attained the divinity like
Agni, Vayu, Kedarnath. Asthan is personified as the spirit of
divine worshipped as the birth place of Ram Lala or Lord Ram as
a child . Spirit of divine ever remains present every where at all
times for any one to invoke at any shape or form in accordance
with his own aspirations and it can be shapeless and formless also.
Case has been decided on the basis of decision of Hon'ble the Apex
Court specially the law as laid down in 1999(5) SCC page 50,
Ram Janki Deity Vs. State of Bihar, Gokul Nath Ji Mahraj Vs.
Nathji Bhogilal AIR 1953 Allahabad 552, AIR 1967 Supreme
Court 1044 Bishwanath and another Vs. Shri Thakur
Radhabhallabhji and others & other decisions of Privy Council
and of different High Courts.
Finding of the court issue wise is as follows:
O.O.S. No.
5 of 1989
19
ISSUES NO. 1, 2 & 6
1. Whether the plaintiffs 1 and 2 are juridical persons?
2. Whether the suit in the name of deities described in the
plaint as plaintiffs 1 and 2 is not maintainable through
plaintiff no. 3 as next friend?
6. Is the plaintiff No. 3 not entitled to represent the plaintiffs 1
and 2 as their next friend and is the suit not competent on this
account ?
Decided in favour of the plaintiffs and against the
defendants.
ISSUES NO. 9, 10, 14 & 22
9. Was the disputed structure a mosque known as Babri
Masjid ?
10. Whether the disputed structure could be treated to be a
mosque on the allegations, contained in paragraph-24 of the
plaint ?
14. Whether the disputed structure claimed to be Babri Masjid
was erected after demolishing Janma-Sthan temple at its site?
22. Whether the premises in question or any part thereof is by
tradition, belief and faith the birth place of Lord Rama as
alleged in paragraphs 19 and 20 of the plaint ? If so, its
effect ?
Connected with issues No.1, 1(a), 1(b), 1B(b), 11, 19(d),
19(e) & 19(f) in O.O.S. No. 4 of 1989.
Decided against Sunni Waqf Board and in favour of the
plaintiffs.
ISSUES NO.15, 16 & 24
15. Whether the disputed structure claimed to be Babri Masjid
was always used by the Muslims only, regularly for offering
20
Namaz ever since its alleged construction in 1528 A.D. To
22nd December 1949 as alleged by the defendants 4 and 5 ?
16. Whether the title of plaintiffs 1 & 2, if any, was
extinguished as alleged in paragraph 25 of the written
statement of defendant no. 4 ? If yes, have plaintiffs 1 &
2 reacquired title by adverse possession as alleged in
paragraph 29 of the plaint ?
24. Whether worship has been done of the alleged plaintiff deity
on the premises in suit since time immemorial as alleged in
paragraph 25 of the plaint?
Connected with issues no. 1-B(c), 2, 4, 12, 13, 14, 15, 19(a),
19(b), 19(c), 27 & 28 of O.O.S. No.4 of 1989.
Above issues are decided against Sunni Central Waqf
Board and Others.
Issue No.17
17. Whether on any part of the land surrounding the structure
in dispute there are graves and is any part of that land a
Muslim Waqf for a graveyard ?
Deleted vide this Hon'ble Court order dated 23.2.96.
Issue No.23
23. Whether the judgment in suit No. 61/280 of 1885 filed by
Mahant Raghuber Das in the Court of Special Judge,
Faizabad is binding upon the plaintiffs by application of the
principles of estoppel and res judicata, as alleged by the
defendants 4 and 5 ?
Decided against the defendants and in favour of the
plaintiffs.
Issue No.5
(5) Is the property in question properly identified and described
21
in the plaint ?
Decided in favour of the plaintiffs and in favour of the
defendants.
Issues No. 7 & 8
(7) Whether the defendant no. 3, alone is entitled to represent
plaintiffs 1 and 2, and is the suit not competent on that
account as alleged in paragraph 49 of the additional
written statement of defendant no. 3 ?
(8) Is the defendant Nirmohi Akhara the “Shebait” of Bhagwan
Sri Rama installed in the disputed structure ?
Decided against the defendant no.3 and in favour of
plaintiffs no. 1, 2 and 3.
Issues No.19
19. Whether the suit is bad for non-joinder of necessary parties,
as pleaded in paragraph 43 of the additional written
statement of defendant no. 3 ?
Suit is maintainable.
Issue No.20
20. Whether the alleged Trust, creating the Nyas defendant no.
21, is void on the facts and grounds, stated in paragraph 47
of the written statement of defendant no. 3 ?
Decided in favour of the plaintiffs and against the
defendant no.3.
Issue No.21
21. Whether the idols in question cannot be treated as deities
as alleged in paragraphs 1, 11, 12, 21, 22, 27 and 41 of the
written statement of defendant no. 4 and in paragraph 1 of
the written statement of defendant no. 5 ?
22
Decided in favour of the plaintiffs and against the
defendants no. 4 and 5.
Issues No. 26 & 27
26. Whether the suit is bad for want of notice under Section 80
C.P.C. as alleged by the defendants 4 and 5?
27. Whether the plea of suit being bad for want of notice under
Section 80 C.P.C. can be raised by defendants 4 and 5 ?
Decided against defendant nos. 4 & 5.
Issue No.25
25. Whether the judgment and decree dated 30th March 1946
passed in suit no. 29 of 1945 is not binding upon the
plaintiffs as alleged by the plaintiffs ?
Decided in favour of the plaintiffs and against the
defendants.
Issue No.29
29. Whether the plaintiffs are precluded from bringing the
present suit on account of dismissal of suit no. 57 of 1978
(Bhagwan Sri Ram Lala Vs. state) of the Court of Munsif
Sadar, Faizabad?
Decided in favour of the plaintiffs and against the
defendants.
Issue No.28
28. Whether the suit is bad for want of notice under Section 65
of the U.P. Muslim Waqfs Act, 1960 as alleged by defendants
4 and 5 ? If so, its effect?
Decided in favour of the plaintiffs and against defendants
no. 4 and 5.
23
Issue No.18
18. Whether the suit is barred by Section 34 of the the Specific
Relief Act as alleged in paragraph 42 of the additional
written statement of defendant no. 3 and also as alleged in
paragraph 47 of the written statement of defendant no. 4 and
paragraph 62 of the written statement of defendant no. 5 ?
Decided in favour of the plaintiffs and against the
defendants.
Issues No. 3(a), 3(b), 3(c), 3(d) & 4
3(a) Whether the idol in question was installed under the central
dome of the disputed building (since demolished) in the early
hours of December 23, 1949 as alleged by the plaintiff in
paragraph 27 of the plaint as clarified on 30.4.92 in their
statement under order 10 Rule 2 C.P.C. ?
3(b) Whether the same idol was reinstalled at the same place on a
chabutra under the canopy?
3(c) “Whether the idols were placed at the disputed site on or after
6.12.92 in violation of the courts order dated 14.8.1989,
7.11.1989 and 15.11. 91 ?
3(d) If the aforesaid issue is answered in the affirmative, whether
the idols so placed still acquire the status of a deity?”
(4) Whether the idols in question had been in existence under the
“Shikhar” prior to 6.12.92 from time immemorial as alleged
in paragraph-44 of the additional written statement of
defendant no. 3 ?
Decided in favour of the plaintiffs and against the
defendants.
Issue No.11
(11) Whether on the averments made in paragraph-25 of the
plaint, no valid waqf was created in respect of the structure in
24
dispute to constitute it as a mosque ?
Decided in favour of the plaintiffs and against the
defendants.
Issue No.12
(12) If the structure in question is held to be mosque, can the same
be shifted as pleaded in paragraphs 34 and 35 of the plaint?
Deleted vide court order dated 23.2.96.
Issue No.13
(13) Whether the suit is barred by limitation ?
Decided in favour of the plaintiffs and against the
defendants.
Issue No.30
30. To what relief, if any, are plaintiffs or any of them entitled?
Plaintiffs are entitled for the relief claimed and the suit is
decreed with easy costs.

ISSUES FOR BRIEFINGD:AYODHYA VERDICT

1
ISSUES FOR BRIEFING
1. Whether the disputed site is the birth place of Bhagwan
Ram?
The disputed site is the birth place of Lord Ram. Place of
birth is a juristic person and is a deity. It is personified as the
spirit of divine worshipped as birth place of Lord Rama as a
child.
Spirit of divine ever remains present every where at all
times for any one to invoke at any shape or form in accordance
with his own aspirations and it can be shapeless and formless
also.
2. Whether the disputed building was a mosque? When
was it built? By whom?
The disputed building was constructed by Babar, the year
is not certain but it was built against the tenets of Islam. Thus, it
cannot have the character of a mosque.
3. Whether the mosque was built after demolishing a
Hindu temple?
The disputed structure was constructed on the site of old
structure after demolition of the same. The Archaeological
Survey of India has proved that the structure was a massive
Hindu religious structure.
4. Whether the idols were placed in the building on the
night of December 22/23rd, 1949?
The idols were placed in the middle dome of the disputed
structure in the intervening night of 22/23.12.1949.
2
5. Whether any of the claims for title is time barred?
O.O.S. No. 4 of 1989, the Sunni Central Board of Waqfs
U.P., Lucknow and others Vs. Gopal Singh Visharad and others
and O.O.S. No.3 of 1989, Nirmohi Akhara and Another Vs. Sri
Jamuna Prasad Singh and others are barred by time.
6. What will be the status of the disputed site e.g. inner
and outer courtyard?
It is established that the property in suit is the site of
Janm Bhumi of Ram Chandra Ji and Hindus in general had the
right to worship Charan, Sita Rasoi, other idols and other object
of worship existed upon the property in suit. It is also
established that Hindus have been worshipping the place in
dispute as Janm Sthan i.e. a birth place as deity and visiting it as
a sacred place of pilgrimage as of right since time immemorial.
After the construction of the disputed structure it is proved the
deities were installed inside the disputed structure on
22/23.12.1949. It is also proved that the outer courtyard was in
exclusive possession of Hindus and they were worshipping
throughout and in the inner courtyard (in the disputed
structure) they were also worshipping. It is also established that
the disputed structure cannot be treated as a mosque as it
came into existence against the tenets of Islam.
*********

GIST OF THE FINDINGS by S.U.Khan J.

GIST OF THE FINDINGS by S.U.Khan J.
1. The disputed structure was constructed as mosque by or under orders of Babar.
2. It is not proved by direct evidence that premises in dispute including constructed portion
belonged to Babar or the person who constructed the mosque or under whose orders it was
constructed.
3. No temple was demolished for constructing the mosque.
4. Mosque was constructed over the ruins of temples which were lying in utter ruins since a
very long time before the construction of mosque and some material thereof was used in
construction of the mosque.
5. That for a very long time till the construction of the mosque it was treated/believed by
Hindus that some where in a very large area of which premises in dispute is a very small part birth
place of Lord Ram was situated, however, the belief did not relate to any specified small area
within that bigger area specifically the premises in dispute.
6. That after some time of construction of the mosque Hindus started identifying the premises
in dispute as exact birth place of Lord Ram or a place wherein exact birth place was situated.
7. That much before 1855 Ram Chabutra and Seeta Rasoi had come into existence and
Hindus were worshipping in the same. It was very very unique and absolutely unprecedented
situation that in side the boundary wall and compound of the mosque Hindu religious places were
there which were actually being worshipped along with offerings of Namaz by Muslims in the
mosque.
8. That in view of the above gist of the finding at serial no.7 both the parties Muslims as well
as Hindus are held to be in joint possession of the entire premises in dispute.
9. That even though for the sake of convenience both the parties i.e. Muslims and Hindus
were using and occupying different portions of the premises in dispute still it did not amount to
formal partition and both continued to be in joint possession of the entire premises in dispute.
10. That both the parties have failed to prove commencement of their title hence by virtue of
Section 110 Evidence Act both are held to be joint title holders on the basis of joint possession.
11. That for some decades before 1949 Hindus started treating/believing the place beneath the
Central dome of mosque (where at present make sift temple stands) to be exact birth place of Lord
Ram.
12. That idol was placed for the first time beneath the Central dome of the mosque in the early
hours of 23.12.1949.
13. That in view of the above both the parties are declared to be joint title holders in possession
of the entire premises in dispute and a preliminary decree to that effect is passed with the condition
that at the time of actual partition by meets and bounds at the stage of preparation of final decree
the portion beneath the Central dome where at present make sift temple stands will be allotted to
the share of the Hindus.
Order:-
Accordingly, all the three sets of parties, i.e. Muslims, Hindus and Nirmohi Akhara are
declared joint title holders of the property/ premises in dispute as described by letters A B C D E F
in the map Plan-I prepared by Sri Shiv Shanker Lal, Pleader/ Commissioner appointed by Court in
Suit No.1 to the extent of one third share each for using and managing the same for worshipping.
A preliminary decree to this effect is passed.
However, it is further declared that the portion below the central dome where at present the
idol is kept in makeshift temple will be allotted to Hindus in final decree.
It is further directed that Nirmohi Akhara will be allotted share including that part which is
shown by the words Ram Chabutra and Sita Rasoi in the said map.
It is further clarified that even though all the three parties are declared to have one third
share each, however if while allotting exact portions some minor adjustment in the share is to be
made then the same will be made and the adversely affected party may be compensated by
allotting some portion of the adjoining land which has been acquired by the Central Government.
The parties are at liberty to file their suggestions for actual partition by metes and bounds
within three months.
List immediately after filing of any suggestion/ application for preparation of final decree
after obtaining necessary instructions from Hon'ble the Chief Justice.
Status quo as prevailing till date pursuant to Supreme Court judgment of Ismail Farooqui
(1994(6) Sec 360) in all its minutest details shall be maintained for a period of three months unless
this order is modified or vacated earlier.

the Judgment of Hon'ble Mr. Justice Sudhir Agarwal))

(Relevant paragraphs containing result/directions issued)
4566. In the light of the above and considering overall findings of this Court on
various issues, following directions and/or declaration, are given which in our view
would meet the ends of justice:
(i) It is declared that the area covered by the central dome of the three domed
structure, i.e., the disputed structure being the deity of Bhagwan Ram Janamsthan
and place of birth of Lord Rama as per faith and belief of the Hindus, belong to
plaintiffs (Suit-5) and shall not be obstructed or interfered in any manner by the
defendants. This area is shown by letters AA BB CC DD is Appendix 7 to this
judgment.
(ii) The area within the inner courtyard denoted by letters B C D L K J H G in
Appendix 7 (excluding (i) above) belong to members of both the communities, i.e.,
Hindus (here plaintiffs, Suit-5) and Muslims since it was being used by both since
decades and centuries. It is, however, made clear that for the purpose of share of
plaintiffs, Suit-5 under this direction the area which is covered by (i) above shall
also be included.
(iii) The area covered by the structures, namely, Ram Chabutra, (EE FF GG HH
in Appendix 7) Sita Rasoi (MM NN OO PP in Appendix 7) and Bhandar (II JJ KK
LL in Appendix 7) in the outer courtyard is declared in the share of Nirmohi
Akhara (defendant no. 3) and they shall be entitled to possession thereof in the
absence of any person with better title.
(iv) The open area within the outer courtyard (A G H J K L E F in Appendix 7)
(except that covered by (iii) above) shall be shared by Nirmohi Akhara (defendant
no. 3) and plaintiffs (Suit-5) since it has been generally used by the Hindu people
for worship at both places.
(iv-a) It is however made clear that the share of muslim parties shall not be less
than one third (1/3) of the total area of the premises and if necessary it may be
given some area of outer courtyard. It is also made clear that while making
partition by metes and bounds, if some minor adjustments are to be made with
respect to the share of different parties, the affected party may be compensated by
allotting the requisite land from the area which is under acquisition of the
Government of India.
(v) The land which is available with the Government of India acquired under
Ayodhya Act 1993 for providing it to the parties who are successful in the suit for
better enjoyment of the property shall be made available to the above concerned
parties in such manner so that all the three parties may utilise the area to which they
are entitled to, by having separate entry for egress and ingress of the people without
disturbing each others rights. For this purpose the concerned parties may approach
the Government of India who shall act in accordance with the above directions and
also as contained in the judgement of Apex Court in Dr. Ismail Farooqi (Supra).
(vi) A decree, partly preliminary and partly final, to the effect as said above (i to
v) is passed. Suit-5 is decreed in part to the above extent. The parties are at liberty
to file their suggestions for actual partition of the property in dispute in the manner
as directed above by metes and bounds by submitting an application to this effect to
the Officer on Special Duty, Ayodhya Bench at Lucknow or the Registrar, Lucknow
Bench, Lucknow, as the case may be.
(vii) For a period of three months or unless directed otherwise, whichever is
earlier, the parties shall maintain status quo as on today in respect of property in
dispute.
4571. In the result, Suit-1 is partly decreed. Suits 3 and 4 are dismissed. Suit-5 is
decreed partly. In the peculiar facts and circumstances of the case the parties shall bear
their own costs.
(From the Judgment of Hon'ble Mr. Justice Sudhir Agarwal)
FINDINGS ON ISSUES
Suit-4
1. Issue 1 (Suit-4) is answered in favour of plaintiffs.
2. Issue 1(a) (Suit-4) is answered in negative. The plaintiffs have failed to prove that the building
in dispute was built by Babar or by Mir Baqi.
3. Issues 1(b), 6, 13, 14 and 27 (Suit-4) are answered in affirmative.
4. Issue 1-B(a) (Suit-4) is answered in affirmative and it is held that the fact that the land in
dispute entered in the records of the authorities as Nazul plot would make things difference.
5. Issue 1-B(b) (Suit-4) is not answered being irrelevant.
6. Issue 1-B(c) (Suit-4)-It is held that building in question was not exclusively used by the
members of muslim community. After 1856-57 outer courtyard exclusively used by Hindu and
inner courtyard had been visited for the purpose of worship by the members of both the
communities.
7. Issue 2 (Suit-4) is answered in negative, i.e., against the plaintiffs.
8. Issue 3 (Suit-4) is answered in negative, i.e., against the plaintiffs. It is held that Suit-4 is
barred by limitation.
9. Issue 4 (Suit-4)-At least since 1856-57, i.e., after the erection of partition wall the premises in
outer courtyard has not been shown to be used/possessed by muslim parties but so far as the
inner courtyard is concerned it has been used by both the parties.
10. Issue 5(a) (Suit-4) is answered against the plaintiffs.
11. Issue 5(b) (Suit-4) is answered in favour of defendants and Hindu parties in general.
12. Issues 5(c), 7(c), 8, 12, 22 (Suit-4), are answered in negative.
13. Issue 5(d) (Suit-4) is not pressed by the defendants, hence not answered.
14. Issue 5(e) (Suit-4) is decided in favour of plaintiffs subject to that issue 6 (Suit-3) is also
decided in favour of defendants (Suit-3).
15. Issue 5(f) (Suit-4) is answered in negative, i.e., in favour of plaintiffs and against the
defendants.
16. Issue 7(a) (Suit-4) is answered in negative. It is held that there is nothing to show that Mahant
Raghubar Das filed Suit-1885 on behalf of Janamsthan and whole body of persons interested
in Janamsthan.
17. Issue 7(b) (Suit-4) is answered in affirmative, i.e., in favour of plaintiffs (Suit-4).
18. Issue 7(d) (Suit-4) is answered in negative to the extent that there is no admission by Mahant
Raghubar Das plaintiff of Suit-1885 about the title of Muslims to the property in dispute or
any portion thereof. Consequently, the question of considering its effect does not arise.
19. Issues 10 and 15 (Suit4) are answered in negative, i.e., against the plaintiffs and muslims in
general.
20. Issue 11 (Suit-4)-It is held that the place of birth as believed and worshipped by Hindus his the
area covered under the central dome of the three domed structure, i.e., the disputed structure in
the inner courtyard in the premises of dispute.
21. Issue 16 (Suit-4)-No relief since the suit is liable to be dismissed being barred by limitation.
22. Issue 17 (Suit-4) is answered in negative holding that no valid notification under Section 5(3)
of U.P. Act No. 13 of 1936 was issued.
23. Issue 18 (Suit-4)-It is held that the decision of the Apex Court in Gulam Abbas Vs. State of
U.P. and others, AIR 1981 SC 2199 does not affect findings on issue 17 (Suit-4) and on the
contrary the same stand supported and strengthen by the said judgment.
24. Issue 19(a) (Suit-4)-It is held that the premises which is believed to be the place of birth of
Lord Rama continue to vest in the deity but the Hindu religious structures in the outer
courtyard cannot be said to be the property of plaintiffs (Suit-5).
25. Issue 19(b) (Suit-4) is answered in affirmative to the extent that the building was land locked
and could not be reached except of passing through the passage of Hindu worship. However,
this by itself was of no consequence.
26. Issue 19(c) (Suit-4)-It is held that Hindus were worshipping at the place in dispute before
construction of the disputed structure but that would not make any difference to the status of
the building in dispute which came to be constructed at the command of the sole monarch
having supreme power which cannot be adjudicated by a Court of Law, came to be constituted
or formed much after, and according to the law which was not applicable at that time.
27. Issue 19(d) and 19(e) (Suit-4) are answered in favour of the plaintiffs.
28. Issue 19(f) (Suit-4)-In so far as the first part is concerned, is answered in affirmative. The
second part is left unanswered being redundant. In the ultimate result the issue is answered in
favour of plaintiffs (Suit-4).
29. Issue 20(a) being irrelevant not answered.
30. Issue 20(b) (Suit-4)-It is held that at the time of attachment of the building there was a
Mutawalli, i.e., one Sri Javvad Hussain and in the absence of Mutawalli relief of possession
cannot be allowed to plaintiffs who are before the Court in the capacity of worshippers.
31. Issue 21 (Suit-4) is decided in negative, i.e., in favour of the plaintiffs. The suit is not bad for
non-joinder of deities.
32. Issues 23 and 24 (Suit-4) are held that neither the Waqf Board is an instrumentality of State
nor there is any bar in filing a suit by the Board against the State. It is also not a 'State' under
Article 12 of the Constitution and can very well represent the interest of one community
without infringing any provision of the Constitution.
33. Issues 25 and 26 (Suit-4)-Held that as a result of demolition of the disp0uted structure it
cannot be said that the suit has rendered not maintainable. Nothing further needs to be
answered.
34. Issue 28 (Suit-4)-It is held that plaintiffs have failed to prove their possession of the disputed
premises, i.e., outer and inner courtyard including the disputed building ever.
Suit-1
1. Issue 1 (Suit-1)-It is held that the place of birth, as believed and worshipped by Hindus, is the
area covered under the central dome of the three domed structure, i.e., the disputed structure in
the inner courtyard in the premises of dispute.
2. Issue 2 (Suit-1)- It is held that the idols were kept under the central dome of the disputed
structure within inner courtyard in the night of 22nd/23rd December, 1949 and prior thereto the
same existed in the outer courtyard. Therefore, on 16.01.1950 when Suit-1 was filed the said
idol existed in the inner courtyard under the central dome of the disputed structure, i.e., prior
to the filing of the suit. So far as the Charan Paduka is concerned, the said premises existed in
the outer courtyard. Since Suit-1 is confined only to the inner courtyard, question of existence
of Charan Paduka on the site in suit does not arise.
3. Issues 3 and 4 (Suit-1)-It is held that plaintiffs have right to worship. The place in suit to the
extent it has been held by this Court to be the birthplace of Lord Rama and if an idol is also
placed in such a place the same can also be worshipped, but this is subject to reasonable
restrictions like security, safety, maintenance etc.
4. Issues 5(a), 5(c), 5(d), 9(c) and 11(a) (Suit-1) are answered in negative.
5. Issue 5(b) (Suit-1)-Held, the Suit 1885 was decided against Mahant Raghubar Das and he was
not granted any relief by the respective courts, and, no more.
6. Issue 6 (Suit-1) is answered in negative. The defendants have failed to prove that the property
in dispute was constructed by Shahanshah/Emperor Babar in 1528 AD.
7. Issue 7 (Suit-1) is decided in negative, i.e., against the defendants muslim parties.
8. Issue 8 (Suit-1) is answered in negative. Suit is not barred by proviso to Section 42 of Specific
Relief Act, 1963.
9. Issue 9 (Suit-1) is decided in favour of plaintiffs (Suit-1).
10. Issue 9(a) (Suit-1) is answered in favour of plaintiffs (Suit-1).
11. Issue 9(b) (Suit-1) is answered against the plaintiffs.
12. Issue 10 (Suit-1) is answered in negative, i.e., in favour of plaintiffs of Suit-1.
13. Issue 11(b) (Suit-1) is answered in affirmative.
14. Issue 12, 13, 15, 16 and 21 (Suit-1) are answered in negative, i.e., in favour of the plaintiffs
(Suit-1).
15. Issue 14 (Suit-1) has become redundant after dismissal of Suit No. 25 of 1950 as withdrawn.
16. Issue 17 (suit-1)-The plaintiffs is declared to have right of worship at the site in dispute
including the part of the land which is held by this Court to be the place of birth of Lord Rama
according to the faith and belief of Hindus but this right is subject to such restrictions as may
be necessary by authorities concerned in regard to law and order, i.e., safety, security and also
for the maintenance of place of worship etc. The plaintiffs is not entitled for any other relief.
Suit-3
1. Issue 1 and 16 (Suit-3) are answered in negative.
2. Issue 2, 3, 4 and 9 (Suit-3) are answered in negative, i.e., against the plaintiffs.
3. Issue 5 (Suit-3) is answered in negative. The defendants have filed to prove that the property
in dispute was constructed by Shahanshah/Emperor Babar in 1528 AD.
4. Issue 6 (Suit-3) is not proved hence answered in negative.
5. Issue 7(a) and 7(b) (Suit-3) are answered in negative, i.e., in favour of plaintiffs and against
the defendants in Suit-3.
6. Issue 8 (Suit-3) is decided in negative.
7. Issue 10 (Suit-3) is decided in favour of plaintiff. It is also held that a private defendant cannot
raise objection of maintainability of suit for want of notice under Section 80 CPC.
8. Issue 11 and 12 (Suit-3) are decided in negative, i.e., in favour of plaintiffs.
9. Issue 13 (Suit-3)-The plaintiff is not entitled for any relief in view of the findings in respect of
issues 2, 3, 4, 14 and 19.
10. Issue 14 (Suit-3) is answered in affirmative. It is held that the suit as framed is not
maintainable.
11. Issue 15 (Suit-3) is answered in affirmative, i.e., in favour of plaintiffs (Suit-3).
12. Issue 17 (Suit-3) is decided in favour of plaintiffs. Nirmohi Akhara is held a Panchayati Math
of Ramanandi Sect of Bairagi, is a religious denomination following its religious faith and
pursuit according to its own customs. However, its continuance at Ayodhya is found sometime
after 1734 AD and not earlier thereto.
Suit-5
1. Issue 1 (Suit-5) is answered in affirmative. Plaintiffs 1 and 2 both are juridical persons.
2. Issue 2 (Suit-5) is not answered as it is not necessary for the dispute in the case.
3. Issue 3(a) (Suit-5) is answered in affirmative. The idols were installed under the central dome
of the disputed building in the early hours of 23rd December, 1949.
4. Issue 3(b), 3(d), 5, 10, 11, 14 and 24 (Suit-5) are answered in affirmative.
5. Issues 3(c), 7, 19, 23 and 28 (Suit-5) are answered in negative.
6. Issue 4 (Suit-5) is answered in negative. The idol in question kept under the Shikhar existed
there prior to 6th December, 1992 but not from time immemorial and instead kept thereat in the
night of 22nd/23rd December, 1949.
7. Issue 6 (Suit-5) is decided in negative, i.e., in favour of plaintiffs (Suit-5).
8. Issue 8 (Suit-5) is answered against the defendant no. 3, Nirmohi Akhara.
9. Issue 9 (Suit-5) is answered against the plaintiffs.
10. Issue 13 (Suit-5) is answered in negative, i.e., in favour of plaintiffs. It is held that suit is not
barred by limitation.
11. Issue 15 (Suit-5)-It is held that the muslims atleast from 1860 and onwards have visited the
inner courtyard in the premises in dispute and have offered Namaj thereat. The last Namaj was
offered on 16th December, 1949.
12. Issue 16 (Suit-5)-Neither the title of plaintiffs 1 and 2 ever extinguished nor the question of
reacquisition thereof ever arise.
13. Issue 18 (Suit-5) is answered in negative, i.e., against the defendants no. 3, 4 and 5.
14. Issue 20 (Suit-5) is not answered being unnecessary for the dispute in the case in hand.
15. Issue 21 (Suit-5) is answered in negative, i.e., against the defendants no. 4 and 5.
16. Issue 22 (Suit-5)-It is held that the place of birth as believed and worshipped by Hindus his
the area covered under the central dome of the three domed structure, i.e., the disputed
structure in the inner courtyard in the premises of dispute.
17. Issue 25 (Suit-5) is answered in affirmative. It is held that the judgement dated 30.03.1946 in
Suit No. 29 of 1949 is not binding upon the plaintiffs (suit-5).
18. Issues 26 and 27 (Suit-5) are answered in negative, i.e., in favour of plaintiffs (Suit-5).
19. Issue 29 (Suit-5) is answered in negative, i.e., in favour of plaintiffs.
20. Issue 30 (Suit-5)-The suit is partly decreed in the manner the directions are issued in
para 4566.
Gist on some point
1. The area covered under the central dome of the disputed structure is
the birthplace of Lord Rama as per faith and belief of Hindus.
2. Disputed structure was always treated, considered and believed to be
a mosque and practised by Mohammedans for worship accordingly.
However, it has not been proved that it was built during the reign of Babar
in 1528.
3. In the absence of any otherwise pleadings and material it is difficult
to hold as to when and by whom the disputed structure was constructed but
this much is clear that the same was constructed before the visit of Joseph
Tieffenthaler in Oudh area between 1766 to 1771.
4. The building in dispute was constructed after demolition of Non-
Islamic religious structure, i.e., a Hindu temple.
5. The idols were kept under the central dome of the disputed structure
in the night of 22nd/23rd December 1949.
Other Original Suits no. 3 of 1989 and 4 of 1989 are barred by limitation.
ISSUES FRAMED
Suit-4 :
Issue No. 1:- Whether the building in question described as mosque in the sketch map attached to
the plaint (hereinafter referred to as the building) was a mosque as claimed by the plaintiffs? If the
answer is in the affirmative-
(a) When was it built and by whom-whether by Babar as alleged by the plaintiffs or by Meer
Baqi as alleged by defendant no.13?
(b) Whether the building had been constructed on the site of an alleged Hindu temple after
demolishing the same as alleged by defendant no.13? If so, its effect?
Issue No. 1-B(a) :-Whether the building existed at Nazul plot no. 583 of the Khasra of the year
1931 of Mohalla Kot Ram Chandra known as Ram Kot, City Ayodhya (Nazul Estate) Ayodhya? If
so its effect thereon?
Issue No. 1-B(b) :-Whether the building stood dedicated to almighty God as alleged by the
plaintiffs?
Issue No. 1-B(c) :-Whether the building had been used by the members of the Muslim community
for offering prayers from times immemorial? If so, its effect?
Issue No. 2 :-Whether the plaintiffs were in possession of the property in suit upto 1949 and were
dispossessed from the same in 1949 as alleged in the plaint?
Issue No. 3 :- Is the suit within time?
Issue No. 4 :-Whether the Hindus in general and the devotees of Bhagwan Sri Ram in particular
have perfected right of prayers at the site by adverse and continuous possession as of right for
more than the statutory period of time by way of prescription as alleged by the defendants?
Issue No. 5 :- (a)Are the defendants estopped from challenging the character of property in suit as
a waqf under the administration of plaintiff no.1 in view of the provision of 5(3) of U.P. Act 13 of
1936?
(b) Has the said Act no application to the right of Hindus in general and defendants in
particular, to the right of their worship?
(c) Were the proceedings under the said Act conclusive?
(d) Are the said provision of Act XIII of 1936 ultra-vires as alleged in written statement?
(e) Whether in view of the findings recorded by the learned Civil Judge on 21.4.1966 on issue
no.17 to the effect that “No valid notification under section 5(1) of the Muslim Waqf Act ( No.
XIII of 1936) was ever made in respect of the property in dispute”, the plaintiff Sunni Central
Board of Waqf has no right to maintain the present suit?
(f) Whether in view of the aforesaid finding, the suit is barred on account of lack of
jurisdiction and limitation as it was filed after the commencement of the U.P. Muslim Waqf Act,
1960?
Issue No. 6 :-Whether the present suit is a representative suit, plaintiffs representing the interest of
the Muslims and defendants representing the interest of the Hindus?
Issue No. 7 :- (a) Whether Mahant Raghubar Dass, plaintiff of Suit No. 61/280 of 1885 had sued
on behalf of Janma Sthan and whole body of persons interested in Janma-Sthan?
(b) Whether Mohammad Asghar was the Mutwalli of alleged Babri Masjid and did he contest
the suit for and on behalf of any such mosque?
(c) Whether in view of the judgment in the said suit, the members of the Hindu community,
including the contesting defendants, are estopped from denying the title of the Muslim community,
including the plaintiffs of the present suit, to the property in dispute? If so, its effect?
(d) Whether in the aforesaid suit, title of the Muslims to the property in dispute or any portion
thereof was admitted by plaintiff of the that suit? If so, its effect?
Issue No. 8 :-Does the judgment of case No. 6/281 of 1881, Mahant Raghubar Dass Vs. Secretary
of State and others operate as res judicata against the defendants in suit?
Issue No. 9 :- Deleted vide order dated May 22/25, 1990
Issue No. 10 :-Whether the plaintiffs have perfected their rights by adverse possession as alleged
in the plaint?
Issue No. 11 :-Is the property in suit the site of Janam Bhumi of Sri Ram Chandraji?
Issue No. 12 :-Whether idols and objects of worship were placed inside the building in the night
intervening 22nd and 23rd December 1949 as alleged in paragraph 11 of the plaint or they have
been in existence there since before? In either case, effect?
Issue No. 13 :-Whether the Hindus in general and defendants in particular had the right to worship
the Charans and 'Sita Rasoi' and other idols and other objects of worship, if any, existing in or
upon the property in suit?
Issue No. 14 :-Have the Hindus been worshipping the place in dispute as Sri Ram Janam Bhumi or
Janam Asthan and have been visiting it as a sacred place of pilgrimage as of right since times
immemorial? If so, its effect?
Issue No. 15 :-Have the Muslims been in possession of the property in suit from 1528 A.D.
continuously, openly and to the knowledge of the defendants and Hindus in general? If so, its
effect?
Issue No. 16 :-To what relief, if any, are the plaintiffs or any of them, entitled?
Issue No. 17 :-Whether a valid notification under Section 5(1) of the U.P. Muslim Waqf Act No.
XIII of 1936 relating to the property in suit was ever done? If so, its effect?
Issue No. 18 :-What is the effect of the judgment of their Lordships of the Supreme Court in
Gulam Abbas and others vs. State of U.P. and others, AIR 1981 Supreme Court 2198 on the
finding of the learned Civil Judge recorded on 21st April, 1966 on issue no. 17?
Issue No. 19(a) :-Whether even after construction of the building in suit Deities of Bhagwan Sri
Ram Virajman and the Asthan, Sri Ram Janam Bhumi continued to exist on the property in suit as
alleged on behalf of defendant no.13 and the said places continued to be visited by devotees for
purposes of worship? If so, whether the property in dispute continued to vest in the said Deities?
Issue No. 19(b) :-Whether the building was land-locked and cannot be reached except by passing
through places of Hindu worship? If so, its effect?
Issue No. 19(c) :-Whether any portion of the property in suit was used as a place of worship by the
Hindus immediately prior to the construction of the building in question? If the finding is in the
affirmative, whether no mosque could come into existence in view of the Islamic tenets at the
place in dispute?
Issue No. 19(d) :-Whether the building in question could not be a mosque under the Islamic Law
in view of the admitted position that it did not have minarets?
Issue No. 19(e) :-Whether the building in question could not legally be a mosque as on plaintiffs'
own showing it was surrounded by a graveyard on three sides?
Issue No. 19(f) :-Whether the pillars inside and outside the building in question contain images of
Hindu Gods and Goddesses? If the finding is in the affirmative, whether on that account the
building in question cannot have the character of Mosque under the tenets of Islam?
Issue No. 20(a) :-Whether the Wqaf in question cannot be a Sunni Waqf as the building was not
allegedly constructed by a Sunni Mohammedan but was allegedly constructed by Meer Baqi who
was allegedly a Shia Muslim and the alleged Mutwallis were allegedly Shia Mohammedans? If so,
its effect?
Issue No. 20(b) :-Whether there was a Mutwalli of the alleged Waqf and whether the alleged
Mutwalli not having joined in the suit, the suit is not maintainable so far as it relates to relief for
possession?
Issue No. 21 :-Whether the suit is bad for non-joinder of alleged Deities?
Issue No. 22 :-Whether the suit is liable to be dismissed with special costs?
Issue No. 23 :-Whether the Waqf board is an instrumentality of State? If so, whether the said
Board can file a suit against the State itself?
Issue No. 24 :-If the Waqf Board is State under Article 12 of the Constitution? If so, the said Board
being the State can file any suit in representative capacity sponsoring the case of particular
community and against the interest of another community?
Issue No. 25 :-Whether demolition of the disputed structure as claimed by the plaintiff, it can still
be called a mosque and if not whether the claim of the plaintiffs is liable to be dismissed as no
longer maintainable
Issue No. 26 :-Whether Muslims can use the open site as mosque to offer prayer when structure
which stood thereon has been demolished
Issue No. 27 :-Whether the courtyard contained Ram Chabutara, Bhandar and Sita Rasoi If so,
whether they were also demolished on 6.12.1992 along with the main temple?
Issue No. 28 :-Whether the defendant no.3 has ever been in possession of the disputed site and the
plaintiffs were never in its possession?
Suit-1 :
Issue No. 1 :- Is the property in suit the site of Janam Bhumi of Sri Ram Chandra Ji?
Issue No. 2 :-Are there any idols of Bhagwan Ram Chandra Ji and are His Charan Paduka situated
in the site in suit?
Issue No. 3 :-Has the plaintiff any right to worship the 'Charan Paduka' and the idols situated in
the site in suit.
Issue No. 4 :-Has the plaintiff the right to have Darshan of the place in suit?
Issue No. 5(a) :-Was the property in suit involved in Original Suit No. 61/280 of 1885 in the court
of Sub -Judge, Faizabad, Raghubar Das Mahant Vs. Secretary of State for India and others?
5(b) Was it decided against the plaintiff?
5(c) Was the suit within the knowledge of Hindus in general and were all Hindus interested in
the same?
5(d) Does the decision in same bar the present suit by principles of res judicata and in any other
way?
Issue No. 6 :- Is the property in suit a mosque constructed by Shanshah Babar commonly known as
Babri Mosque, in 1528 A.D.?
Issue No. 7 :-Have the Muslims been in possession of the property in suit from 1528 A.D.
continuously, openly and to the knowledge of plff and Hindus in general? If so, its effect?
Issue No. 8 :- Is the suit barred by proviso to Section 42 Specific Relief Act?
Issue No. 9 :- Is the suit barred by provision of Section 5(3) of the Muslim Waqfs Act (U.P. Act 13
of 1936)?
9(a). Has the said Act no application to the right of Hindus in general and plaintiff of the present
suit , in particular to his right of worship?
9(b). Were the proceedings under the said Act, referred to in written statement para 15, collusive?
If so its effect?
9(c) Are the said provisions of the U.P. Act 13 of 1936 ultra vires for reasons given in the
statement of plaintiff's counsel dated 9.3.62 recorded on paper no. 454-A?
Issue No. 10 :-Is the present suit barred by time?
Issue No. 11 :-(a) Are the provisions of section 91 C.P.C. applicable to present suit? If so, is the
suit bad for want of consent in writing by the Advocate General?
(b) Are the rights set up by the plaintiff in this suit independent of the provisions of section 91
CPC? If not, its effect.
Issue No. 12 :-Is the suit bad for want of steps and notice under Order 1, Rule 8 CPC? If so, its
effect?
Issue No. 13 :-Is the suit no. 2 of 50 Shri Gopal Singh Visharad Vs. Zahoor Ahmad bad for want of
notice under Section 80 CPC.
Issue No. 14 :-Is the suit no. 25 of 50 Param Hans Ram Chandra Vs. Zahoor Ahmad bad for want
of valid notice under section 80 CPC?
Issue No. 15 :-Is the suit bad for non-joinder of defendants?
Issue No. 16 :-Are the defendants or any of them entitled to special costs under Section 35-A
C.P.C.
Issue No. 17 :-To what reliefs, if any, is the plaintiff entitled?
Suit-3:
Issue No. 1 :- Is there a temple of Janam Bhumi with idols installed therein as alleged in para 3 of
the plaint.
Issue No. 2 :-Does the property in suit belong to the plaintiff no.1?
Issue No. 3 :-Have plaintiffs acquired title by adverse possession for over 12 years?
Issue No. 4 :-Are plaintiffs entitled to get management and charge of the said temple?
Issue No. 5 :- Is the property in suit a mosque made by Emperor Babar known as Babari Masjid?
Issue No. 6 :-Was this alleged mosque dedicated by Emperor Babar for worship by Muslims in
general and made a public waqf property?
Issue No. 7 :- (a) Has there been a notification under Muslim Waqf Act Act No. 13 of 1936)
declaring this property in suit as a Sunni Waqf?
(b) Is the said notification final and binding? Its effect?
Issue No. 8 :-Have the rights of the plaintiffs extinguished for want of possession for over 12
years prior to the suit?
Issue No. 9 :- Is the suit within time?
Issue No. 10 :-(a) Is the suit bad for want of notice u/s 80 C?
(b) Is the above plea available to contesting defendants?
Issue No. 11 :-Is the suit bad for non-joinder of necessary defendants?
Issue No. 12 :-Are defendants entitled to special costs u/s 35 CPC?
Issue No. 13 :-To what relief, if any, is the plaintiff entitled?
Issue No. 14 :-Is the suit not maintainable as framed?
Issue No. 15 :-Is the suit property valued and court fee paid sufficient?
Issue No. 16 :-Is the suit bad for want of notice u/s 83 of U.P. Act 13 of 1936?
Issue No. 17 :-Whether Nirmohi Akhara, plaintiff, is Panchayati Math of Rama Nand sect of
Bairagis and as such is a religious denomination following its religious faith and persuit according
to its own custom?
Suit-5:
Issue No. 1 :-Whether the plaintiffs 1 and 2 are juridical persons?
Issue No. 2 :-Whether the suit in the name of Deities described in the plaint as plaintiffs 1 and 2 is
not maintainable through plaintiff no.3 as next friend?
Issue No. 3 :- (a) Whether the idol in question was installed under the central dome of the disputed
building (since demolished) in the early hours of December 23, 1949 as alleged by the plaintiff in
paragraph 27 of the plaint as clarified in their statement under Order 10 Rule 2 C.P.C.
(b) Whether the same idol was reinstalled at the same place on a Chabutara under the canopy?
(c) Whether the idols were placed at the disputed site on or after 6.12.1992 in violation of the
courts order dated 14.8.1989 and 15.11.91?
(d) If the aforesaid issue is answered in the affirmative, whether the idols so placed still acquire
the status of a deity.
Issue No. 4 :-Whether the idol in question had been in existence under the “Shikhar” prior to
6.12.92 from time immemorial as alleged in paragraph 44 of the additional written statement of
defendant no.3?
Issue No. 5 :- Is the property in question properly identified and described in the plaint?
Issue No. 6 :- Is the plaintiff no.3 not entitled to represent the plaintiffs 1 and 2 as their next friend
and is the suit not competent on this account?
Issue No. 7 :-Whether the defendant no.3 alone is entitled to represent plaintiffs 1 and 2, and is the
suit not competent on that account as alleged in paragraph 49 of the additional written statement of
defendant no.3?
Issue No. 8 :- Is the defendant Nirmohi Akhara the “Shebait” of Bhagwan Sri Ram installed in the
disputed structure?
Issue No. 9 :-Was the disputed structure a mosque known as Babri Masjid?
Issue No. 10 :-Whether the disputed structure could be treated to be a mosque on the allegations
contained in paragraph 24 of the plaint?
Issue No. 11 :-Whether on the averments made in paragraph 25 of the plaint, no valid waqf was
created in respect of the structure in dispute to constitute it as a mosque?
Issue No. 12:- Deleted vide order dated 23.02.1996.
Issue No. 13 :-Whether the suit is barred by limitation?
Issue No. 14 :-Whether the disputed structure claimed to be Babri Masjid was erected after
demolishing Janma Sthan temple at its site.
Issue No. 15 :-Whether the disputed structure claimed to be Babri Masjid was always used by the
Muslims only regularly for offering Namaz ever since its alleged construction in 1528 A.D. to
22nd December 1949 as alleged by the defendants 4 and 5?
Issue No. 16 :-Whether the title of plaintiffs 1 and 2, if any, was extinguished as alleged in
paragraph 25 of the written statement of defendant no.4? If yes, have plaintiffs 1 and 2 reacquired
title by adverse possession as alleged in paragraph 29 of the plaint?
Issue No. 17:- Deleted vide order dated 23.02.1996.
Issue No. 18:-Whether the suit is barred by section 34 of the Specific Relief Act as alleged in
paragraph 42 of the additional written statement of defendant no.3 and also as alleged in paragraph
47 of the written statement of defendant no.4 and paragraph 62 of the written statement of
defendant no. 5?
Issue No. 19 :-Whether the suit is bad for non-joinder of necessary parties, as pleaded in paragraph
43 of the additional written statement of defendant no.3?
Issue No. 20 :-Whether the alleged Trust creating the Nyas , defendant no.21, is void on the facts
and grounds stated in paragraph 47 of the written statement of defendant no.3?
Issue No. 21 :-Whether the idols in question cannot be treated as Deities as alleged in pragraphs
1,11,12,21,22, 27 and 41 of the written statement of defendant no.4 and in paragraph 1 of the
written statement of defendant no.5?
Issue No. 22 :-Whether the premises in question or any part thereof is by tradition, belief and faith
the birth place of Lord Rama as alleged in paragraphs 19 and 20 of the plaint? If so, its effect?
Issue No. 23 :-Whether the judgment in suit no. 61/280 of 1885 filed by Mahant Raghubar Das in
the Court of Special Judge, Faizabad is binding upon the plaintiffs by application of the principles
of estoppel and res judicata as alleged by the defendants 4 and 5?
Issue No. 24 :-Whether worship has been done of the alleged plaintiff Deity on the premises in suit
since time immemorial as alleged in para 25 of the plaint?
Issue No. 25 :-Whether the judgment and decree dated 30th March 1946 passed in Suit No. 29 of
1945 is not binding upon the plaintiffs as alleged by the plaintiffs?
Issue No. 26 :-Whether the suit is bad for want of notice under section 80 C.P.C. as alleged by the
defendants 4 and 5?
Issue No. 27 :-Whether the plea of suit being bad for want of notice under Section 80 CPC can be
raised by defendants 4 and 5?
Issue No. 28 :-Whether the suit is bad for want of notice under Section 65 of the U.P. Muslim
Waqfs Act, 1960 as alleged by defendants 4 and 5? If so, its effect.
Issue No. 29 :-Whether the plaintiffs are precluded from bringing the present suit on account of
dismissal of suit no. 57 of 1978 (Bhagwan Sri Ram Lala Vs. State) of the Court of Munsif Sadar,
Faizabad?
Issue No. 30 :-To what relief, if any, are plaintiffs or any of them entitled?

अयोध्या निर्णय ऐतिहासिक एव स्वागत योग्य : विष्णुदत्त शर्मा (राष्ट्रीय महामंत्री , अभाविप)

अयोध्या निर्णय ऐतिहासिक एव स्वागत योग्य : विष्णुदत्त शर्मा (राष्ट्रीय महामंत्री , अभाविप)
अलाहाबाद उच्च न्यायालय के लखनऊ खंड पीठ द्वारा श्री राम जन्म भूमि, अयोध्या के सन्दर्भ में घोषित निर्णय ऐतिहासिक एव स्वागत योग्य है काफी लम्बे समय से चले विवाद का इस निर्णय ने अंत किया है तथा करोड़ो हिन्दुओ की आस्था का सम्मान करते हुए विवादित भूमि को श्री राम की जन्म भूमि स्वीकार किया है. अखिल भारतीय विद्यार्थी परिषद् मानती है की इसे हार या जीत न मानते हुए इसे भारत के सभी मत-संप्रदाय के लोग सहर्ष स्वीकार करे एव शांति बनाये रखे .
भगवान राम केवल हिन्दुओ के पूज्य देवता नहीं अपितु भारतीय जीवन के मूल्य, संस्कृति, पहचान, परंपरा एव अस्मिता के प्रतिक है. संपूर्ण भारत की राष्ट्रीय पहचान श्री राम के भव्य मंदिर का निर्माण सभी के लिए गौरव योग्य है. तथा इस से भारत आने वाली सदियों में अपनी प्रतिष्टा व वैभव को पुन स्थापित करेगा .
अभाविप इस निर्णय को एक नए युग की सुरुवात मानती है तथा मुसलिम भाइयो सहित देश के सभी युवाओ से भव्य मंदिर के निर्माण के अभियान में सहयोगी बनने का आवाहन करती है.
अभाविप के राष्ट्रीय अध्यक्ष प्रा. मिलिंद मराठे, राष्ट्रीय संगठन मंत्री सुनील अम्बेकर सहित सभी पदाधिकारियों ने इस निर्णय का स्वागत किया है .
विष्णु दत्त शर्मा

Ram idols existed on site: Allahabad HC

Ram idols existed on site: Allahabad HC
Lawyer K N Bhatt, who represented the party on behalf of 'Ram Lalla' decrees the title suit in favour of Hindus. The Allahabad High Court ruled today that the Ayodhya land is to be divided into three parts -- one part goes to the Nirmohi Akhara, one to the Babri Committee and the other to the Ram Janmasthan (the central dome). The title suit of the Sunni Waqf board has been rejected. The HC also ruled that idols of Ram existed in the site.

Babri Masjid Committee will move SC

Babri Masjid Committee will move SC
The Babri Masjid committed said it was disappointed with the verdict and would move the Supreme Court. Meanwhile K N Bhatt lawyer of Ram Lalla said there was no time limit for passing a final decree. The Allahabad HC has decreed that status quo will be maintained at the disputed site for the next three months

Ayodhya case: HC dismisses Sunni Waqf Board suit

Ayodhya case: HC dismisses Sunni Waqf Board suit
The Allahabad High Court ruled by majority that the disputed land in Ayodhya be divided into three parts to be distributed among the Sunni Waqf Board, Nirmohi Akhara and the party for 'Ram Lalla', say lawyers.



Justice D V Sharma decrees the title suit in favour of Hindus, say lawyer K N Bhatt, who represented the party on behalf of 'Ram Lalla'.



Justice S U Khan rules that the disputed land belongs to both the communities, say lawyers.



Status quo will be maintained at the disputed site in Ayodhya for three months, claims lawyers Ravi Shanker Prasad and K N Bhatt.

Tuesday, September 28, 2010

Ayodhya verdict on Sep 30

Ayodhya verdict on Sep 30


NEW DELHI: The Supreme Court on Tuesday paved the way for the Allahabad High Court to give its verdict on the Ayodhya dispute, dismissing a petition that sought its postponement.

The high court has decided to announce the verdict Sep 30 at 3.30 p.m.

Former bureaucrat Ramesh Chandra Tripathi had filed the petition for deferring the high court verdict on the Babri Masjid-Ramjanmabhoomi title suit in Ayodhya till the end of the Commonwealth Games.

An apex court bench of Chief Justice S.H. Kapadia, Justice Aftab Alam and Justice K.S. Radhakrishnan passed the brief order when the court reassembled after lunch break Tuesday.

Speaking for the bench, Chief Justice Kapadia said: "Having heard the arguments in detail, we are of the view that the petition deserves to be dismissed."

With the dismissal of Tripathi's petition, the decision on when to pronounce the verdict now rests with the high court.

In its pre-lunch sitting, the apex court heard the arguments from both the sides.

Attorney General G. Vahanvati told the court: "If there is any possibility of the settlement (out of court), we will welcome it but at the same time we don't want any uncertainty to continue."

"For the sake of maintaining law and order, we cannot keep security forces in sustained animation," he added.

The apex court last week ordered an interim stay on the pronouncement of the title suit verdict by the high court, acting on a petition by Tripathi.

Tripathi had also sought the court's direction to the parties to explore the possibility of an out-of-court amicable settlement.




http://economictimes.indiatimes.com/news/politics/nation/Ayodhya-verdict-on-Sep-30/articleshow/6643180.cms

National Group Song contests organised in Bhubaneswar

National Group Song contests organised in Bhubaneswar
Bhubaneswar(VISAKEO)-In order to inculcate patriotism among school students, the Bharat Vikas Parishad (BVP) has been organising National Group Song Competitions under the Sankar Programme throughout India every year. Its Chandrasekharpur Branch, Bhubaneswar, accordingly conducted a competition on Sunday at the SAI International School at Patia.

Swami Sadananda Saraswati of the Chinmoy Mission (Divine Life Society), Bhubaneswar, inaugurated the competition followed by mass singing of Vande Mataram. Students from eight nearby schools participated in singing group songs in Sanskrit, Hindi and Odia.

The competition was conducted by Kumudini Panda while convener Aparna Das welcomed the students, teachers, guests and others. Branch president Debendra Nath Dash presided and secretary Dr Basant Kumar Dash spoke about the programme. Branch vice-president Gopal Chandra Patra introduced chief guest noted music director Santanu Kumar Mohapatra and guest of honour chairman of SAI International School Bijay Kumar Sahool.

BVP State president Laxman Kumar Mohanty and general secretary Padmalaya Garabadu spoke on various programmes. Mahapatra and Sahoo eulogised the BVP’s efforts and gave away the prizes and certificates to successful participants. Prof DD Misra proposed a vote of thanks.

Indian ruling set to reignite religious strife

Indian ruling set to reignite religious strife

Douglas E. Curran, AFP Files
Hindu youths clamber atop the 16th-century Babri Masjid mosque on the day it was demolished by mobs in 1992.

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Twitter LinkedIn Digg Buzz Email Peter Goodspeed, National Post · Tuesday, Sept. 28, 2010

After 60 years of litigation, religious riots and mass murder, one of India's most contentious cases may be resolved today.

India's Supreme Court is set to decide whether to release a decision by the Allahabad High Court in Uttar Pradesh in a 60-year-old lawsuit over who owns the land under the 16th-century Babri Masjid mosque that was destroyed by Hindu extremists in 1992.

Many Hindus believe the mosque was built on the site of the birthplace of the Hindu god, Ram, a legendary king of Ayodhya and the seventh avatar of the god Vishnu.

After decades of legal delays and political interventions in the ownership dispute, a mob of Hindu extremists took matters into their own hands 18 years ago, storming the contested site and ripping the three-domed Babri Masjid apart.

The assault unleashed months of violence in which more than 2,000 people died as India experienced some of its worst religious riots since partition.

The assault became a rallying cry for Islamic fundamentalists, who clashed with Hindu extremists in major cities across India. For weeks, gangs of youths, armed with iron bars, rusty swords, knives and homemade firebombs, rampaged through Hindu and Muslim neighbourhoods.

Cars and trucks were stopped and burnt, and the bodies of their drivers were thrown onto the burning wrecks.

In Mumbai, Hindu gangs stopped men in the street and forced them to strip to check if they were circumcised Muslims before murdering them.

Some victims had their tongues cut out, while others were forced to watch as relatives were beaten to death.

The trauma of the event transformed Indian politics, fuelling the Hindu nationalism that finally brought the Bharatiya Janata Party (Hindu Nationalist Party or BJP) to power in 1998, sowing a deep sense of distrust and alienation among India's 160 million Muslims.

Now, as the courts are finally poised to settle the case, tensions are building again.

Thousands of troops have been rushed to Ayodhya, a small town of 50,000 people, 550 kilometres east of New Delhi. The government has banned sending bulk text messages on cellphone until after the release of the court's decision and politicians have taken out full-page newspaper ads pleading for calm.

A television broadcasting organization has asked India's

TV stations to refrain from broadcasting film footage of the 1992 mosque destruction. On the weekend, Bollywood film studios delayed the release of several major movies to avoid being swept up in the controversy.

Uttar Pradesh has 40,000 security police in Ayodhya, while New Delhi dispatched another 5,200 and cancelled all trips by cabinet ministers until the court's decision is known.

Another 32 "communally sensitive cities" across India, including Mumbai, which has designated some schools as emergency prisons, have been placed on a high security alert.

The Ayodhya court case, with its potential for re-igniting religious hatreds, could not come at a worse time for India, as the country is preparing to host the Commonwealth Games in New Delhi, starting on Sunday.

The Allahabad High Court was prepared to release its judgment last Friday after dismissing a final appeal by an applicant who wanted to delay the case for security considerations.

Ramesh Chandra Tripathi, a retired bureaucrat, argued the government was not prepared to deal with the potential fallout from the Ayodhya case as its security forces are already tied down combating unrest in Kashmir and protecting the Commonwealth Games.

The High Court dismissed the claim, saying it simply aimed at "creating an obstruction" in the final disposal of the case.

Then, at the last minute on Thursday, the Supreme Court stepped in and said it would review that decision and decide today whether or not it is safe to go ahead and release the judgment.

Hindu and Muslim groups have pledged to respect the law when the decision is made known.

Still, the Vishva Hindu Parishad (World Hindu Council, VHP) has been holding prayer services to Hanuman, the monkey god and eternal friend of Lord Ram, in more than 7,000 Hindu temples across India.

Whoever loses the case is expected to appeal to the Supreme Court, where a final decision could still be years away.

After the lawsuit, which marshalled more than 6,000 witnesses, stagnated for 40 years in district court and lingered for another 20 years in the High Court, both sides just want a decision.

They are afraid any further delay might completely derail the lawsuit, since one of the three judges on the High Court panel that heard the Ayodhya case is set to retire on Oct. 1.

http://www.nationalpost.com/news/world/Indian+ruling+reignite+religious+strife/3588376/story.html

SC rejects plea to defer verdict on Ayodhya title suit case

SC rejects plea to defer verdict on Ayodhya title suit case
PTI, Sep 28, 2010,
NEW DELHI: The Supreme Court has lifted the stay on Allahabad High Court's verdict on the Ram Janmabhoomi- Babri Masjid title suit case. However, the apex court has not fixed any date for HC to give verdict.

AG G E Vahanvati, appearing before a three-judge special bench headed by Chief Justice S H Kapadia, said the most preferred solution to the problem would be settlement but it has not taken place and the uncertainty which is prevailing should not be allowed to continue.

"Settlement, if any possible, we welcome it but we do not want any uncertainty," he told the bench which reserved judgement for 2pm after two hours of arguments from various parties.

The hearing started with senior advocate Mukul Rohatgi putting forth arguments on behalf of a retired bureaucrat Ramesh Chand Tripathi on why the delivery of the verdict should be postponed and efforts be made to reach an amicable settlement outside the court.

Besides the Chief Justice, the special bench also includes Justices Aftab Alam and K S Radhakrishnan. It began hearing on the special leave petition at sharp 10.30 am.

The apex court, on September 23, had stayed for a week the High Court verdict, which was to be pronounced on September 24, after the retired bureaucrat approached it to explore a possibility of an out-of-court settlement.

The apex court had passed the interim stay amidst sharp differences of opinion on the issue of staying the verdict between Justices R V Raveendran and Justices H L Gokhale.

In the wake of differences between them, Justices Raveendran and Gokhale issued a notice on the plea and referred the case to the Chief Justice for constituting a larger bench.

Tripathi's petition pleaded for exploring the possibility of an out-of-court settlement on the 60-year-old Ram Janambhoomi-Babri Masjid title suit dispute.

The court had also asked Attorney General G E Vahanvati to be present and assist the court when the matter comes up for hearing today.

Today's crucial hearing assumed significance as the Sunni Central Waqf Board and Akhil Bharat Hindu Mahasabha, two opposite parties to the title suit, have ruled out the scope of reconciliation in their affidavits filed in the apex court.

Justice Raveendran was of the view that the special leave petition filed by Tripathi should be dismissed while Justice Gokhale was of the opinion that a notice should be issued for exploring the option of settlement.

Notwithstanding his reservations, Justice Raveendran, who was heading the bench, preferred to go along with Justice Gokhale in making one attempt to find a settlement.

The apex court will also address the crisis which may arise as a fall out of the deferment of the verdict as one of the three judges of the Allahabad High Court Bench, Justice D V Sharma, who has heard the matter at length, is due to demit office on October one.

Rohatgi told the court that the dispute was an emotional issue and the court and the government should make some innovative and proactive approach to evolve a mediated settlement.

On fears that the retirement of one of the three judges of the Lucknow bench of the Allahabad High Court shortly could result in de novo hearing of the case, he said there are ways in which the government could overcome the problem.

He said either the retiring judge could be re-appointed or his judgement could be pronounced by the successor judge.

Rohatgi contended that there could be no title suit pending after the government acquisition of the land in 1993.

He said the three judges of the Lucknow Bench also agreed on the need for a mediated settlement and had fixed September 24 as deadline. But the dispute was such an emotional issue that a timeline cannot work.

All parties to the Ayodhya title suit, except the Nirmohi Akhara, oppose the plea of the retired bureaucrat seeking deferment of the verdict.

Sunday, September 26, 2010

http://expressbuzz.com/states/orissa/kandhamal-nun-skips-court-one-more-time/209572.html

Kandhamal nun skips court one more time


Express News ServiceFirst Published : 24 Sep 2010 04:40:26 AM ISTLast Updated : 24 Sep 2010 10:45:16 AM IST

CUTTACK: It was a day of wait at the court of the District and Sessions Judge, Cuttack, yet again today as the alleged Kandhamal rape victim, the nun, failed to show up for the trial. This despite the refusal of the Orissa High Court to grant her relief on the plea to stay or defer the trial proceedings in the case. And, this the third summons by the trial court that she has not acceded to.


District and Sessions Judge BK Mishra, while adjourning the trial on September 7, had directed the nun to appear in the court for testifying on September 23 or 24.

The court, which resumed trial proceedings in the case today, however, recorded statements of two witnesses including the sub-inspector of Baliguda police station Arpita Khatua. Khatua had received the complaint of the nun and had registered the case. Along with her, a staff of the Jana Vikash Kendra at K Nuagaon, the place of the crime, Latika Devi also testified.

The in-camera proceedings saw cross-examination of recording of statement by the prosecution lawyer L Mishra and crossexamination by defence counsel Sauri Mohapatra. Latika's cross-examination was, however, incomplete.