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Thursday, September 30, 2010

Ayodhya title suit court order -BRIEF SUMMARY

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BRIEF SUMMARY


Subject matter of the decided cases


OOS No. 1 of 1989 Shri Gopal Singh Visharad Vs. Zahur


Ahmad and 8 others, OOS No. 3 of 1989 Nirmohi Aakhada etc. Vs.


Baboo Priya Dutt Ram and others, OOS No. 4 of 1989 Sunni


central Board of Waqfs U.P. Lucknow and others Vs. Gopal Singh


Visharad and others and O.O.S.No. 5 of 1989 Bhagwan Sri Ram


Virajman at Ayodhya and others Vs. Rajendra Singh and others


were filed before the Court of Civil Judge, Faizabad. Thereafter on


the request of State of U.P. the cases were transferred to this Court


and Hon'ble the Chief Justice constituted special Bench.


Government of India decided to acquire all area of the


disputed property and the suits were abated. Thereafter the apex


court directed this Court to decide the case as per judgement in


Dr.M. Ismail Faruqui and others Vs. Union of India and others


reported in (1994) 6 SCC 360.


OOS No. 4 of 1989 (Reg. Suit No.12-61)


The Sunni Central Board of Waqfs U.P., Lucknow & others


Versus


Gopal Singh Visharad and others


The instant suit has been filed for declaration in the year 1961


and thereafter in the year 1995 through amendment relief for


possession was added.


Plaint case in brief is that about 443 years ago Babur built a


mosque at Ayodhya and also granted cash grant from royal treasury


for maintenance of Babri Mosque. It was damaged in the year 1934


during communal riots and thereafter on 23.12.1949 large crowd of


Hindus desecrated the mosque by placing idols inside the mosque.


The disputed property was attached under Section 145 Cr.P.C.and


thereafter the suit was filed for declaration and for delivery of


possession beyond the period of limitation.


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On behalf of the defendants separate written statements were


filed alleging that structure is not a mosque and it was constructed


after demolishing the temple against the tenets of Islam. The A.S.I.


report was obtained which proved the earlier construction of


religious nature.


On the basis of the report of the Archeological Survey of


India massive structure of religious nature is required to be


maintained as national monument under the Ancient Monument


Archeological Site and Remains Act, 1958. The Apex Court in


Rajiv Mankotia Vs. Secretary to the President of India and


others, AIR 1997 Supreme Court page 2766 at para 21 directed


the Government of India to maintain such national monuments.


Thus, it is mandatory on the part of the Central Government to


comply with the provisions of Act No. 24 of 1958 and ensure to


maintain the dignity and cultural heritage of this country .


On behalf of some of the defendants, it was alleged that not


only in the outer courtyard but also in the inner courtyard people


used to worship the birth place of deity and it is being worshipped


from times immemorial. The Court dismissed the suit. Issue wise


finding is as under;


O.O.S. No.


4 of 1989


Issues No. 1 and 1(a)


1. Whether the building in question described as mosque in the


sketch map attached to the plaint (hereinafter referred to as


the building) was a mosque as claimed by the plaintiffs? If


the answer is in the affirmative?


1(a) When was it built and by whom-whether by Babar as alleged


by the plaintiffs or by Meer Baqi as alleged by defendant


No. 13?


Decided in favour of defendants and against the plaintiffs.


3


Issues No. 1(b)


1(b) Whether the building had been constructed on the site of an


alleged Hindu temple after demolishing the same as alleged


by defendant No. 13? If so, its effect?


Decided in favour of defendants and against the plaintiffs


on the basis of A.S.I. Report.


1(A). Whether the land adjoining the building on the east, north and


south sides, denoted by letters EFGH on the sketch map, was


an ancient graveyard and mosque as alleged in para 2 of the


plaint? If so, its effect?


Deleted vide courts order dated 23.2.96.


Issues No. 1(B)a


1-B(a). Whether the building existed at Nazul plot no. 583 of the


Khasra of the year 1931 of Mohalla Kot Ram Chandra known


as Ram Kot, city Ahodhya (Nazul estate of Ayodhya ? If so


its effect thereon)”


Property existed on Nazul Plot No. 583 belonging to


Government.


Issues No. 1(B)(b)


1B(b).Whether the building stood dedicated to almighty God as


alleged by the plaintiffs?


Decided against the plaintiffs.


Issues No. 1(B)(c)


1-B (c ).Whether the building had been used by the members of the


Muslim community for offering prayers from times


immemorial ? If so, its effect?


Decided against the plaintiffs.


Issues No. 1(B)(d)


1-B(d).Whether the alleged graveyard has been used by the


members of Muslim community for burying the dead


bodies of the members of the Muslim community? If so,


its effect?


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


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graveyard on three sides.


Decided against the plaintiffs.


Issues No.19(F)


19(F).Whether the pillars inside and outside the building in question


contain images of Hindu Gods and Goddesses? If the finding


is in the affirmative, whether on that account the building in


question cannot have the character of Mosque under the


tenets of Islam?


Decided against the plaintiffs and in favour of the


defendants.


Issue No.20(a)


20(a). Whether the Waqf in question cannot be a Sunni Waqf as the


building was not allegedly constructed by a Sunni


Mohammedan but was allegedly constructed by Meer Baqi


who was allegedly a Shia Muslim and the alleged Mutwalis


were allegedly Shia Mohammedans? If so, its effect?


Decided against the plaintiffs.


Issue No.20(b)


20(b). Whether there was a Mutwalli of the alleged Waqf and


whether the alleged Mutwalli not having joined in the suit, the


suit is not maintainable so far as it relates to relief for


possession?


Suit is not maintainable and the issue is decided in favour


of the defendants.


Issue No.21


21. Whether the suit is bad for non-joinder of alleged deities?


Decided against the plaintiffs and in favour of the


defendants.


10


Issues No. 23 & 24


23. If the wakf Board is an instrumentality of state? If so,


whether the said Board can file a suit against the state itself?


24. If the wakf Board is state under Article 12 of the


constitution? If so, the said Board being the state can file any


suit in representative capacity sponsering the case of


particular community and against the interest of another


community)”.


Issues are decided against the plaintiffs and the suit is not


maintainable.


Issues No. 25 & 26


25. “Whether demolition of the disputed structure as claimed by


the plaintiff, it can still be called a mosque and if not whether


the claim of the plaintiffs is liable to be dismissed as no


longer maintainable?”


26. “Whether Muslims can use the open site as mosque to offer


prayer when structure which stood thereon has been


demolished?”


Decided against the plaintiffs and in favour of the


defendants.


Issue No. 27


27. “Whether the outer court yard contained Ram Chabutra,


Bhandar and Sita Rasoi? If so whether they were also


demolished on 6.12.1992 along with the main temple?”


Yes, issue is decided in positive.


Issue No.16 & 22


16. To what relief, if any, are the plaintiffs or any of them,


entitled?


22. Whether the suit is liable to be dismissed with special costs?


Plaintiffs are not entitled for any relief.


The suit is dismissed with easy costs.


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


Sri Gopal Singh Visharad Vs. Zahoor Ahmad and others


The instant suit has been filed on the assertion that the father


of the plaintiff on 14.1.1950 was not allowed to touch the deity.


Accordingly the injunction has been sought on behalf of the


defendants including the State Government to not disallow the


plaintiff to touch the deity.


State Government opposed the claim and stated that in order


to control the crowd reasonable restrictions were imposed.


The suit was dismissed for the reasons (i) no valid notice was


given, ( ii) the plaintiff has no legal character and (iii) the State


Government can impose reasonable restrictions in public interest


to control the crowd and to enable every body to have the Darshan


of the deity.


Finding of the court issue wise is as follows;


O.O.S. No.


1 of 1989


Issues No. 1, 2 and 6


1. Is the property in suit the site of Janam Bhumi of Shri Ram


Chandra Ji?


2. Are there any idols of Bhagwan Ram Chandra Ji and are His


Charan Paduka’ situated in the site in suit.?


6. Is the property in suit a mosque constructed by Shansha


Babar commonly known as Babri mosque, in 1528A.D.?


Connected with issues No. 1(a), 1(b), 1-B (b), 19-d, 19-e


and 19-f of the Original Suit No. 4 of 1989, wherein these


issues have been decided in favour of defendants and


against the Sunni Central Waqf Board, U.P.


Issues No. 3, 4 & 7


3. Has the plaintiff any right to worship the ‘Charan Paduka’ and


the idols situated in the place in suit.?


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4. Has the plaintiff the right to have Darshan of the place in


suit.?


7. Have the Muslims been in possession of the property in suit


from 1528A.D.?


Connected with Issues No. 1-B(c), 2, 4, 10, 11, 12, 13, 14,


15,19-a, 19-b, 19-c, 27 and 28 of Original Suit No. 4 of 1989,


wherein these issues have been decided in favour of


defendants and against the plaintiffs.


Issues No. 9, 9(a), 9(b) & 9(c)


9. Is the suit barred by provision of section (5) (3) of the Muslim


Waqfs Act (U.P. Act 13 of 1936);?


(a) Has the said act no application to the right of Hindus in


general and plaintiff of the present suit, in particular to his


right of worship.?


(b) Were the proceedings under the said act referred to in written


statement para 15 collusive? If so, its effect?


(c) Are the said provisions of the U.P. Act 13 of 1936 ulta-vires


for reasons given in the statement of plaintiff’s counsel dated


9.3.62 recorded on paper No.454-A-?


Connected with Issues No. 5-a, 5-b, 5-c, 5-d, 5-e, 5-f, 7-b,


17(issue no.17 of O.O.S. No.4 of 1989 has already been


decided by the Civil Judge, Faizabad) 18, 20-a, 20-b, 23,


24, 25 and 26 of Original Suit No. 4 of 1989, wherein these


issues have been decided in favour of defendants and


against the plaintiffs.


Issues No. 5(a) & 5(b)


5(a) Was the property in suit involved in original suit no.61/280 of


1885 in the court of sub-judge, Faizabad Raghubar Das


Mahant Vs. Secretary of State for India & others.?


5(b) Was it decided against the plaintiff.?


Connected with issue No. 1-B (a) of Original Suit No. 4 of


1989.


Property existed on Nazul plot No. 583 belonging to


Government.


13


Issues No. 5(c) & 5(d)


5(c) Was that suit within the knowledge of Hindus in general and


were all Hindus interest in the same.?


5(d) Does the decision in same bar the present suit by principles of


Resjudicata and in any other way?


Connected with issue No. 7-a, 7-c, 7-d and issue no. 8 in


Original Suit No. 4 of 1989, wherein these issues have been


decided in favour of defendants and against the plaintiffs.


Issue No. 13


13. Is the suit No.2 of 50 Shri Gopal Singh Visharad Vs. Zahoor


Ahmad bad for want of notice under section 80 C.P.C. ?


Decided in favour of defendants and against the plaintiffs.


Issue No. 8


8. Is the suit barred by proviso to section 42 Specific Relief


Act.?


Decided against the plaintiffs and in favour of defendants.


Issues No. 11(a) & 11(b)


11(a) Are the provisions of section 91 C.P.C. applicable to present


suit ? If so is the suit bad for want of consent in writing by the


advocate general ?


11(b) Are the rights set up by the plaintiff in this suit independent of


the provisions of section 91 C.P.C. ? if not its effect. ?


Decided in favour of plaintiffs and against the defendants.


Issue No. 12


12. Is the suit bad for want of steps and notices under order 1


Rule 8 C.P.C. ? If so its effect. ?


Decided in favour of plaintiffs and against the defendants.


Issue No. 14


14. Is the suit no.25 of 50 Param Hans Ram Chandra Vs. Zahoor


Ahmad bad for want of valid notice under section 80 C.P.C. ?


Withdrawn, no finding is required.


14


Issue No. 15


15. Is the suit bad for non-joinder of defendants.?


NO


Issue No. 10


10. Is the present suit barred by time ?


NO


Issue No. 16 & 17


16. Are the defendants or any of them entitled to special costs


under section 35-A C.P.C.?


17. To what reliefs, if any, is the plaintiff entitled. ?


Plaintiff is not entitled for the relief claimed and the suit is


dismissed with easy costs.


15


OOS No. 3 of 1989


Nirmohi Akhara & Anr. Vs. Shri Jamuna Prasad Singh & Ors.


The suit was filed by Nirmohi Akhara, alleging that right


from times immemorial, they are worshipping the deities.


Accordingly the management of the temple may be handed over to


the plaintiff by defendant- State Government.


The defendants have contested the claim and this Court


found the suit barred by time and also on merits that the plaintiff


failed to prove the case.


Finding of the court issue wise is as follows;


O.O.S. No.


3 of 1989


Issues No. 1, 5 and 6


1. Is there a temple of Janam Bhumi with idols installed therein


as alleged in para 3 of the plaint ?


5. Is the property in suit a mosque made by Emperor Babar


Known as Babari masjid ?


6. Was the alleged mosque dedicated by Emperor Babar for


worship by Muslims in general and made a public waqf


property?


Connected with Issues No. 1, 1(a), 1(b), 1B(b), 12, 19(d),


19(e) and 19(f) of O.O.S. No. 4 of 1989, wherein these issues


have been decided in favour of defendants and against the


plaintiffs.


Issues No. 2, 3, 4 & 8


2. Does the property in suit belong to the plaintiff No.1 ?


3. Have plaintiffs acquired title by adverse possession for over 12


years ?


4. Are plaintiffs entitled to get management and charge of the


said temple ?


16


8. Have the rights of the plaintiffs extinguished for want of


possession for over 12 years prior to the suit ?


Connected with Issues No. 1B(c), 2, 4, 10, 11, 12, 13, 14, 15,


19(a), 19(b), 19(c), 27 & 28 of O.O.S. No. 4 of 1989.


Decided against the Plaintiffs.


Issues No. 7(a), 7(b) & 16


7(a) Has there been a notification under Muslim Waqf Act (Act


no.13 of 1936) declaring this property in suit as a Sunni Waqf ?


7(b) Is the said notification final and binding ? Its effect.


16. Is the suit bad for want of notice u/s 83 of U.P. Act 13 of


1936 ?


Connected with issues no. 5(a), 5(b), 5(c), 5(d), 5(e), 5(f),


7(b), 17, 18, 20(a), 20(b), 23, 24, 25 and 26 in O.O.S No. 4 of


1989, wherein these issues have been decided against the


plaintiffs.


Issue No. 9


9. Is the suit within time ?


Connected with issues no. 3 decided in O.O.S. No. 4 of 1989.


Decided in favour of defendants and against the plaintiffs.


Issues No. 10(a) & 10(b)


10(a) Is the suit bad for want of notice u/s 80 C. P.C.


10(b) Is the above plea available to contesting defendants ?


Decided in favour of the plaintiffs and against the


defendants.


Issue No. 11


11. Is the suit bad for non-joinder of necessary defendants ?


Connected with Issue No. 21 of O.O.S. No. 4 of 1989.


Decided in favour of defendants and against the plaintiffs.


17


Issue No. 14


14. Is the suit not maintainable as framed ?


Decided in favour of the plaintiffs and against the


defendants.


Issue No. 17


17. (Added by this Hon'ble Court order dated 23.2.96) “Whether


Nirmohi Akhara, Plaintiff, is Panchayati Math of Rama Nandi


sect of Bairagies and as such is a religious denomination


following its religious faith and per suit according to its own


custom.”


Decided in favour of the plaintiffs and against the


defendants.


Issue No. 15


15. Is the suit properly valued and Court-Fee paid sufficient ?


(Already decided)


Issues No. 12 & 13


12. Are defendants entitled to special costs u/s 35 C.P.C. ?


No.


13. To what relief, if any, is the plaintiff entitled ?


Suit is Dismissed.


18


O.O.S. No. 5 of 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 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.