Text of Ayodhya Erdict

8/8/2019 Text of Ayodhya Erdict

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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 whoseorders 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 anyspecified 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 mosqueHindu 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 injoint possession of the entire premises in dispute. 9. That

even though for the sake of convenience both the parties i.e. Muslims and Hindus wereusing 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 jointpossession.

11. That for some decades before 1949 Hindus started treating/believing the place

beneath theCentral dome of mosque (where at present make sift temple stands) to be exact birth

place of Lord

Ram.
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2. 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 thestage 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 BC 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 becompensated 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.

( Relevant paragraphs containing result/directions issued )

4566. In the light of the above and considering overall findings of this Court on variousissues, 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


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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 andcenturies. 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 thatcovered 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 ofouter 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 ofIndia.

(v) The land which is available with the Government ofIndia acquired under Ayodhya Act 1993

for providing it to the parties who are successful in the suit for better enjoyment of theproperty 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 thispurpose 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 SpecialDuty, 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.
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( From 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 birthof 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-5under 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 (defendantno. 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 atboth places.

(iv-a) It is however made clear that the share of muslim parties shall not be less than onethird (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 byallotting 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 sothat 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


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Apex Court in Dr. Ismail Farooqi (Supra).

(vi) A decree, partly preliminary and partly final, to the effect as said above (i to v) ispassed. 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 SpecialDuty, 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 decreedpartly. 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 thingsdifference.

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 ofboth 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.


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9. Issue 4 (Suit-4)-At least since 1856-57, i.e., after the erection of partition wall the

premises inouter 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 thedefendants.

16. Issue 7(a) (Suit-4) is answered in negative. It is held that there is nothing to show that

MahantRaghubar 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 disputeor

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 andmuslims in general.

20. Issue 11 (Suit-4)-It is held that the place of birth as believed and worshipped byHindus 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


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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 tothe 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 isanswered 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 ofworshippers.

31. Issue 21 (Suit-4) is decided in negative, i.e., in favour of the plaintiffs. The suit is not

bad fornon-joinder of deities.

32. Issues 23 and 24 (Suit-4) are held that neither the Waqf Board is an instrumentality ofState 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.


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34. Issue 28 (Suit-4)-It is held that plaintiffs have failed to prove their possession of the

disputedpremises, 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., thedisputed 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 andprior 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 onlyto 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 toreasonable 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 ofSpecific 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.


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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 theplaintiffs (Suit-1).

15. Issue 14 (Suit-1) has become redundant after dismissal of Suit No. 25 of 1950 aswithdrawn.

16. Issue 17 (suit-1)-The plaintiffs is declared to have right of worship at the site indispute 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 notentitled 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

propertyin 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 andagainst

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 Mat

of Ramanandi Sect of Bairagi, is a religious denomination following its religious faithand

pursuit according to its own customs. However, its continuance at Ayodhya is found

sometime

after 1734 AD and not earlier thereto.


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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

domeof 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 thenight 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 notbarred 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 lastNamaj was

offered on 16th December, 1949.

12. Issue 16 (Suit-5)-Neither the title of plaintiffs 1 and 2 ever extinguished nor thequestion 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


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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 bea 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 JosephTieffenthaler 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 structurein the night of 22nd/23rd December 1949.

Other Original Suits no. 3 of 1989 and 4 of 1989 are barred by limitation.

ISSUES FRAMEDSuit-4 :

Issue No. 1:- Whether the building in question described as mosque in the sketch mapattached 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

theplaintiffs?

Issue No. 1-B(c) :-Whether the building had been used by the members of the Muslim

communityfor 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 weredispossessed 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


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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 thedefendants?

Issue No. 5 :- (a)Are the defendants estopped from challenging the character of property

in suit asa 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

CentralBoard 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 ofthe 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 suedon behalf of Janma Sthan and whole body of persons interested in Janma-Sthan?

(b) WhetherMohammad Asgharwas the Mutwalli of alleged Babri Masjid and did he

contestthe 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 Muslimcommunity,

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 anyportion

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
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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 inthe night

intervening 22nd and 23rd December 1949 as alleged in paragraph 11 of the plaint or

they havebeen 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

worshipthe 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 JanamBhumi 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 onthe

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 ofBhagwan 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 bydevotees 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


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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

thebuilding 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 MeerBaqi who

was allegedly a Shia Muslim and the alleged Mutwallis were allegedly ShiaMohammedans? If so,

its effect?

Issue No. 20(b) :-Whether there was a Mutwalli of the alleged Waqf and whether the

allegedMutwalli 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 thesaid

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, thesaid 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 dismissedas no

longer maintainable

Issue No. 26 :-Whether Muslims can use the open site as mosque to offer prayer whenstructure

which stood thereon has been demolished

Issue No. 27 :-Whether the courtyard contained Ram Chabutara, Bhandar and Sita Rasoi

If so,


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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 theplaintiffs 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 Hindusinterested in

the same?

5(d) Does the decision in same bar the present suit by principles of res judicata and in any

otherway?

Issue No. 6 :- Is the property in suit a mosque constructed by Shanshah Babar commonly

known asBabri 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 thepresent

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,


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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 ofsection 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, itseffect?

Issue No. 13 :-Is the suit no. 2 of 50 Shri Gopal Singh Visharad Vs. Zahoor Ahmad bad

for want ofnotice 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 BabariMasjid?

Issue No. 6 :-Was this alleged mosque dedicated by Emperor Babar for worship by

Muslims ingeneral 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

12years 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?


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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 persuitaccording

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 isnot 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 theplaintiff 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

thecourts 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 writtenstatement 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 ofdefendant no.3?

Issue No. 8 :- Is the defendant Nirmohi Akhara the "Shebait" of Bhagwan Sri Ram

installed in thedisputed 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 theallegations

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


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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 1528A.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

inparagraph 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 inparagraph 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

paragraph43 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 factsand 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

pragraphs1,11,12,21,22, 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, beliefand 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 theprinciples

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


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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 of1945 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 thedefendants 4 and 5?

Issue No. 27 :-Whether the plea of suit being bad for want of notice under Section 80

CPC can beraised 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?

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 othersVs. 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 toacquire 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 1961and 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 damagedin 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


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thereafter the suit was filed for declaration and for delivery of possession beyond the

period of limitation.

2

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 ofIslam. 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 Courtpage 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 onlyin 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 dismissedthe 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 templeafter 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 inpara 2 of the plaint? If so, its effect?

Deleted vide courts order dated 23.2.96.

Issues No. 1(B)a1-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.


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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 Muslimcommunity for burying the dead bodies of the members of the Muslim community? If so,

its effect?

4Issue 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 theplaintiffs were never in its possession?"

These issues are decided against the plaintiffs.

Issues No. 33. 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 inparticular, to the right of their worship?


5Issues 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 thelearned Civil Judge.)

Issues No. 5(d)

5(d). Are the said provision of Act XIII of 1936 ultra-vires as alleged in written

statement?


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(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", theplaintiff 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. MuslimWaqf Act,

1960?

Both these issues are decided against the Plaintiffs.

Issue No. 66. 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.

6

Issue No. 7(b)

7(b). Whether Mohammad Asghar was the Mutwalli of alleged Babri Masjid and did hecontest 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 theMuslim 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.99. Whether the plaintiffs served valid notices under Sec. 80

C.P.C. (Deleted vide order dated May 22/25, 1990).

7

Issues No.11, 13, 14, 19(a) & 19(c)


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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, existingin 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 sincetimes 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 suitas 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 theHindus 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 nightintervening 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.

8Issue 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 insuit 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 thefinding of the learned Civil Judge recorded on 21st April, 1966 on issue no. 17?


Issue No.19(b)

19(b). Whether the building was land-locked and cannot be reached except by passingthrough places of Hindu worship? If so, its effect?


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 9 graveyard on three sides.



24/32

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 accountthe 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 MeerBaqi who was allegedly a Shia Muslim and the alleged Mutwalis were allegedly Shia

Mohammedans? If so, its effect?


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 filea 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 ofparticular community and against the interest of another community)".

Issues are decided against the plaintiffs and the suit is not maintainable.

Issues No. 25 & 2625. "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?"


Issue No. 2727. "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.

11

O.O.S No. 1 of 1989 (R.S.No.2-50)


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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 includingthe 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 61. 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 & 73. Has the plaintiff any right to worship the 'Charan Paduka' and the idols situated in the

place in suit.?

124. 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 28of 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-viresfor 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.


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Plaintiff is not entitled for the relief claimed and the suit is dismissed with easy costs.

15

OOS No. 3 of 1989Nirmohi 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 plaintiffby 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 theplaint ?

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 theplaintiffs.

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 yearsprior 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) declaringthis 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. 99. 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


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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.

17Issue 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.

18O.O.S. No. 5 of 198 9 (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 thenext 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 birththat 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 presentevery 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. NathjiBhogilal 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?


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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 friendand is the suit not competent on this account ?

Decided in favour of the plaintiffs and against the defendants.

ISSUES NO. 9, 10, 14 & 229. 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, itseffect ?

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 theMuslims 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 writtenstatement 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 suitsince 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 structurein 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.2323. 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 21in 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


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Issues No. 3(a), 3(b), 3(c), 3(d) & 4

3(a) Whether the idol in question was installed und

er the central dome of the disputed building (since demolished) in the early hours ofDecember 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 thecanopy?

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 writtenstatement 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 wascreated 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.3030. 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.

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 achild.

Spirit of divine ever remains present every where at all times for any one to invoke at anyshape 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.


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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 massiveHindu 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 otherobject 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 thedisputed 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 thatthe disputed structure cannot be treated as a mosque as it came into existence against the

tenets of Islam.

Courtesy: http://www.rjbm.nic.in/

Read more: Text of Allahabad high court order on Ayodhya dispute - The Times of India

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holders-of-disputed-site/articleshow/6659163.cms#ixzz111SliWan
http://timesofindia.indiatimes.com/india/Muslims-Hindus-Nirmohi-Akhara-are-joint-holders-of-disputed-site/articleshow/6659163.cms#ixzz111SliWanhttp://timesofindia.indiatimes.com/india/Muslims-Hindus-Nirmohi-Akhara-are-joint-holders-of-disputed-site/articleshow/6659163.cms#ixzz111SliWanhttp://timesofindia.indiatimes.com/india/Muslims-Hindus-Nirmohi-Akhara-are-joint-holders-of-disputed-site/articleshow/6659163.cms#ixzz111SliWanhttp://timesofindia.indiatimes.com/india/Muslims-Hindus-Nirmohi-Akhara-are-joint-holders-of-disputed-site/articleshow/6659163.cms#ixzz111SliWanhttp://timesofindia.indiatimes.com/india/Muslims-Hindus-Nirmohi-Akhara-are-joint-holders-of-disputed-site/articleshow/6659163.cms#ixzz111SliWanhttp://timesofindia.indiatimes.com/india/Muslims-Hindus-Nirmohi-Akhara-are-joint-holders-of-disputed-site/articleshow/6659163.cms#ixzz111SliWan

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Text of Ayodhya Erdict