The Ram Janmbhoomi Verdict: News and Discussion

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shiv
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Posts: 34982
Joined: 01 Jan 1970 05:30
Location: Pindliyon ka Gooda

The Ram Janmbhoomi Verdict: News and Discussion

Postby shiv » 30 Sep 2010 16:45

I am surprised there is no thread on what is actually a historic day.

Early reports:
1) Wakf board case that it was a place of wroship plus graveyard dismissed.
2) Idols that "appeared" in 1949 cannot be removed
3) Site will be split 3 ways.

chaanakya
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Posts: 9513
Joined: 09 Jan 2010 13:30

Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby chaanakya » 30 Sep 2010 16:47

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.
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 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?
4
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.
5
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.
6
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).
7
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
9
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.
11
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.?
12
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.

chaanakya
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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby chaanakya » 30 Sep 2010 16:51

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   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.
*********
Last edited by chaanakya on 30 Sep 2010 17:01, edited 3 times in total.

chaanakya
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Posts: 9513
Joined: 09 Jan 2010 13:30

Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby chaanakya » 30 Sep 2010 16:51

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.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 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?4
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. 5
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. 6
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). 7
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 9
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. 11
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.?12
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.

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby chaanakya » 30 Sep 2010 16:52

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.

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby Dilbu » 30 Sep 2010 16:55

http://www.rjbm.nic.in/dv1.pdf
Brief summary is out.

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby Tamang » 30 Sep 2010 17:13

Ayodhya Verdict: Read the full judgment

Ayodhya verdict: What the judges decided

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.
Last edited by Tamang on 30 Sep 2010 17:14, edited 1 time in total.

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby Dilbu » 30 Sep 2010 18:03

The judgement (I don't know which judge's) had mentioned that the mosque was built 'against the tenets of islam' (exact words). Is that an implicit acknowledgement of demolition of the temple?

Okay found it. http://www.rjbm.nic.in/dv2.pdf
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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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby James B » 30 Sep 2010 18:15

Dilbu wrote:The judgement (I don't know which judge's) had mentioned that the mosque was built 'against the tenets of islam' (exact words). Is that an implicit acknowledgement of demolition of the temple?

Okay found it. http://www.rjbm.nic.in/dv2.pdf
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.


This is the judgement of Justice Veer Sharma. And he has clarified about the demolishing of temple in this part

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.

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby munna » 30 Sep 2010 18:18

Carl_T wrote:Also what is this Nirmohi Akhara business?

It is a Hindu Bairagi sect and one of the accredited Hindu akhadas (sort of like fraternity of Sadhus Alpha-Beta-Gamma ityadi ityadi).

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby Patni » 30 Sep 2010 18:21

Have pasted links to all 4 PDF files from http://www.rjbm.nic.in/, giving "Gist of judgments" from all three honorable judges, in Internal security thread so as to be visible to "guests".

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby Sachin » 30 Sep 2010 18:21

Carl_T wrote:Also what is this Nirmohi Akhara business?

If I am not mistaken they are group of Hindu Sanyasis/Mahants who were part of the plaintiffs in the case. And they a share in the property too.

While the Waqf Board have every right for appeal in Hon.SC, the findings and the judgements of the Hon.HC is now recorded and out in the open. With a large number of 'Internet warriors' getting hold of them, the usual gimmicks by the vested interests of media may not work out well.

Also since the Muslims also have not get an "win-all" verdict in favour of them, we may have to watch out for the friday sermons. The Waqf board and many other organisations have called for peace, but you can never say. And once riots start both parties would have a free day.

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby munna » 30 Sep 2010 18:24

SwamyG wrote:I do not know anything about the sect "Hindu Bairagi"; so I googled. The first on the list of results is a link to Joshua Project. :-(

http://personal.carthage.....bairagis.html
This might help

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby Sachin » 30 Sep 2010 18:30

Tanaji wrote:I understand that 3 judges have separate briefings, but is there a unified judgment? More of a question on how the judiciary works.

If I get it right. The unified opinion of the judges are in the Summary. Here they have their findings based on consensus. Their full thoughts and opinion would be on their individual judgements. Here they can disagree on certain points and note their opinion. But what is called the final verdict would be the summary.

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby chaanakya » 30 Sep 2010 18:39

The Full Judgment comprises of some 8000 pages dealing with volume of evidence and depositions in the case spanning about more than 60 years.

The operative portions have put legal stamp on many issues from a Constitutional Court which has tried to reconcile a highly contentious issues and I believe that People of all communities should accept it and put a stop to further fighting and show that they truly belong to India.

I also welcome findings of J. Khan and other Judges and should be used in reconciliation rather than fighting and weakening ourselves.

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby Riza Zaman » 30 Sep 2010 19:18

Trying to get a general feel of opinions from all sources ... from what I've seen, heard & read, most people are relieved with the verdict. Personally, I think the issue has been laid to rest and we, as a nation, need to move on. The SC needs to dismiss any further appeals from either party

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby Carl_T » 30 Sep 2010 19:21

Sachin wrote:If I am not mistaken they are group of Hindu Sanyasis/Mahants who were part of the plaintiffs in the case. And they a share in the property too.

While the Waqf Board have every right for appeal in Hon.SC, the findings and the judgements of the Hon.HC is now recorded and out in the open. With a large number of 'Internet warriors' getting hold of them, the usual gimmicks by the vested interests of media may not work out well.

Also since the Muslims also have not get an "win-all" verdict in favour of them, we may have to watch out for the friday sermons. The Waqf board and many other organisations have called for peace, but you can never say. And once riots start both parties would have a free day.


In that case, then who is the third group apart from Nimohi Akhara and Sunni Wakf board?

TOI says it is to be "divided among Hindus, Muslims, and Nimohi Akhara", why is NA listed separately from "Hindus"?

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby Sachin » 30 Sep 2010 19:26

SwamyG wrote:I get the feeling, the Hindu groups consider this a victory and the Muslim groups this a disappointing verdict.

That sort of feelings is bound to happen. That would be the outcome of every case. But in my personal opinion I feel the judgement is one of the better ones. It is tried to some how meet out justice to every one. The only people who may find it tough is those folks who expected every thing to be absolutely in their favour. What worries me more is the media with vested interests deliberately provoking the people who feel have been given a raw deal, in order to cause riots (and thus more news value).

If you ask me, these days the 24x7 News Channels have become a bigger problem when compared to any other media. And if what ever I read here is true, some of the media folks are literally provoking people to go bersek. Victimhood is carefully created, and then provoked. NDTV programmes should be recorded and kept for later day use. We can see how one reporter is deliberately causing problems just because the verdict did not go the way she wanted.

Carl_T wrote:TOI says it is to be "divided among Hindus, Muslims, and Nimohi Akhara", why is NA listed separately from "Hindus"?

It may be that Nirmohi Akhara may have exclusive rights in the area given to them. And the other area, could be kind of a public place where every one (Hindu) can come and pray.

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby harsha » 30 Sep 2010 19:27

one small question :oops:
In summary : is plaintiff == wakf board
and defendants == hindus ??

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby Riza Zaman » 30 Sep 2010 19:31

SwamyG wrote:I get the feeling, the Hindu groups consider this a victory and the Muslim groups this a disappointing verdict.


Most Muslims seem to be ok with the decision. Some are disappointed. None are angry.

^ in my observations

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby Sachin » 30 Sep 2010 19:36

harsha wrote:plaintiff == wakf board
defendants == hindus ??

defendants == Hindu organisations who were named in the case. Generally in such legal documents it would be <<person who has a problem/needs justice>> v/s <<party who is causing the problem/need to answer>>.

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby munna » 30 Sep 2010 19:37

Sachin wrote:It may be that Nirmohi Akhara may have exclusive rights in the area given to them. And the other area, could be kind of a public place where every one (Hindu) can come and pray.

Well RJB Nyaas (Hindu Mahasabha) and Nirmohi Akhada were the original co-parties from the Hindu side. These two were the original leaders of the RJB movement and predate all Hindutva movements! Hence the 2/3rd land for Hindus has been equally divided between the two parties. Simple onlee

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby cbelwal » 30 Sep 2010 19:41

As per regulation, non-private Muslim properties belong to the Waqf board. If people recall, some years ago the Waqf board asked the government a share in tourism traffic in the Taj mahal, as Waqf board claimed it to be their property.

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby Abhi_G » 30 Sep 2010 19:42

SwamyG,
Indian sannyasis belong to the "Dasnami Sampradaya" that was originally started as a pan-Indian spiritual tradition by Adi Shankaracharya. During the Mughal rule, aakhadas were set up and the Naga sannyasis in particular waged wars against the Mughals and kept the Hindu traditions alive in North India. The bairagis, gosains etc. are some of the various sects belonging to the various traditions that grew from the Dasnaami Sampradya. If I am not wrong, Banda Bairagi (later kown as Banda Singh Bahadur) also belonged to one of them and his struggle against Aurangzeb is legendary. The Sannyasi rebels in Bengal who form the background of Anandamath also belong to one of the various sects of warrior monks.

http://en.wikipedia.org/wiki/Dashanami_Sampradaya
In North India, the Ekadandi monks have been organizing themselves into yoga akhadas, generally known as Akhāḍas. In the 16th century CE, Madhusudana Saraswati organised a section of the Naga tradition of armed sanyasis in order to protect Hindus from the tyranny of the Mughal rulers. These are also called Gusain, Gussain, Gosain, Gossain, Gosine, Gosavi, Sanyasi, Dasnami or Goswami in popular parlance. Some examples of akhadas currently are the Shri Panchadashanam Juna Akhada of the Dashanami nagas, Shri Panchayati Mahanirwani Akhada, Shri Taponidhi Niranjani Akhada, Shri Taponidhi Anand Akhada, Shri Panchayati Atal Akhada, Shri Panchadashnam Awahan Akhada, Shri Pancha Agni Akhada and Shri Panchayati Akhada at Allahabad [22]. Each akhada is divided into sub-branches and traditions. An example is the Datt Akhada of the naked sadhus of Juna Naga establishment[23].

The Naga sadhus generally remain in the ambit of non-violence presently, though some sections are also known to practice the sport of wrestling. The Dashanami sannyasins are strongly oriented to ahimsa (non-violence)[8] and practice the vedic and yogic yama principles of Ahimsa (non-violence), Satya (truth), Asteya (non-stealing), Aparigraha (non-covetousness) and Brahmacharya (celibacy / moderation). The dasanamis are generally believed to be celibate, and grihastas or householder sanyasis such as Lahiri Mahasaya were a rarity.

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby Altair » 30 Sep 2010 19:55

Can someone here please make a short writeup so that mango BRFites can understand who is who and what the verdict means in simple english?

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby Singha » 30 Sep 2010 20:00

well I think in simplest case, once SC disposes off the inevitable appeal from Wakf board and assuming it remains same , 1/3 of land will go to hindu sabha (incl place were idols are kept), 1/3 to wakf board and 1/3 to the nirmohi akhada. each can do in their 1/3 whatever they want within reason.

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby chaanakya » 30 Sep 2010 20:01

harsha wrote:one small question :oops:
In summary : is plaintiff == wakf board
and defendants == hindus ??

No oops Harsha. Sometimes Court jargon are too much for us.


In Suit No 4 Plaintiff is Sunni Waqf Board and Defendants are Gopal Singh Visharad (Now Dead) & Others.
Suit was timebarred and decided in favour of Gopal Singh Visharad (Now Dead) & Others.


On a side note all judgements are by 2 to 1 majority.
SU Khan and D V Sharma have divided the land 1/3 to each party.

BTW RAM LALLA is treated as legal entity and Suit No 5 is between The Bhagwan Sri Ram Virajman and Others Vs. Rajendra Singh and Others.

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby nachiket » 30 Sep 2010 20:04

Who is this Rajendra Singh character and why is he named as a defendant in the suit where Bhagwan Ram is the plaintiff?

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby chaanakya » 30 Sep 2010 20:07

Altair wrote:Can someone here please make a short writeup so that mango BRFites can understand who is who and what the verdict means in simple english?



Just read Brief Summary here

viewtopic.php?p=950114#p950114
That will give basic and substantial questions answered in the various suits

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby sunnyP » 30 Sep 2010 20:07

Asaduddin Owaisi on NDTV:

'The battle may be lost but the war is not yet completed'

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby ShivaS » 30 Sep 2010 20:09

Jai ram ji ki is all I can think.
Agar who ram janam bhoomi ho, tho there is no Zamin for Masjid claim, is wakalat may as of this waqt

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby chetak » 30 Sep 2010 20:11

sunnyP wrote:Asaduddin Owaisi on NDTV:

'The battle may be lost but the war is not yet completed'


This is the same guy who was giggling on undie TV when someone said that Hinduism is a way of life and not a religion.

This faqer exists because of our democracy. :evil:

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby Bade » 30 Sep 2010 20:12

Wouldn't the 1/3 share of land (?) to wakf board mean, prospects of a mosque also getting built at that location in future and more troubles with the close proximity. Does this solve the issue, other than from a legal pov ?

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby praksam » 30 Sep 2010 20:13

Asaduddin Owaisi :

Typical wahabi character and burha is batting for him
Last edited by praksam on 30 Sep 2010 20:27, edited 1 time in total.

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby putnanja » 30 Sep 2010 20:17

I think it is time to move on. If the judgement was totally one sided, it would have lead to more heartburn. The area under the dome has been given to hindus. I don't think there is anything bad in giving 1/3 land to muslims.

In fact, if they agree, given them 67 acres elsewhere in Ayodhya, and let us close the case once and for all. No need for any heartburn.

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby munna » 30 Sep 2010 20:18

Bade wrote:Wouldn't the 1/3 share of land (?) to wakf board mean, prospects of a mosque also getting built at that location in future and more troubles with the close proximity. Does this solve the issue, other than from a legal pov ?

This is more like a bargain chip handed over to Waqf board. The grapevine is that this judgement is not an end but a beginning whereby a reconciliation commission may get set up between Hindus and Muslims (no role for GOI). The Hindu groups will in all probability make a grand Mosque offer to Waqf board in lieu of grand temple at RJB. If interested Sekoolar bigots do not spoil the reconciliation talks by needless provocation then we shall see the closure of this chapter and justice after centuries of injustice to much victimized/persecuted practicing Sanatanis.

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby Singha » 30 Sep 2010 20:22

if the wakf board does not desire confrontation they could keep their share vacant or exchange it for a good piece of land elsewhere in town.

if they desire another round of agitations and chaos, they would raise a new mosque on their 1/3 share.

time will tell. a mosque and temple side by side will attract zealots like moths to a flame. even a sharp exchange of words will escalate out of control.

one has to remember that non-muslims are not even allowed to enter mecca city. a sign on the highway says so and a bypass highway takes the
unbelievers around the city.

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby Bade » 30 Sep 2010 20:25

In fact, if they agree, given them 67 acres elsewhere in Ayodhya, and let us close the case once and for all. No need for any heartburn.


If they can be made to agree to this sort of arrangement as part of the reconciliation, then we will never have to revisit this issue at least for this location again in the future.

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby milindc » 30 Sep 2010 20:29

Sometimes I hear that 2.7 acres is divided into 3 parts. In NY Times and other places it says that 64 acres is divided into 3 parts.

Which is it? 2.7 acres or 64 acres

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Re: Ram Janmabhoomi Babri Masjid verdict 30 Sep 2010

Postby vera_k » 30 Sep 2010 20:30



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