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Hon'ble Dharam Veer Sharma, J. - Gist of Judgment Part-1
September, 30th 2010

1

ISSUES FOR BRIEFING

1. Whether the disputed site is the birth place of Bhagwan

Ram?

The disputed site is the birth place of Lord Ram. Place of

birth is a juristic person and is a deity. It is personified as the

spirit of divine worshipped as birth place of Lord Rama as a

child.

Spirit of divine ever remains present every where at all

times for any one to invoke at any shape or form in accordance

with his own aspirations and it can be shapeless and formless

also.

2. Whether the disputed building was a mosque? When

was it built? By whom?

The disputed building was constructed by Babar, the year

is not certain but it was built against the tenets of Islam. Thus, it

cannot have the character of a mosque.

3. Whether the mosque was built after demolishing a

Hindu temple?

The disputed structure was constructed on the site of old

structure after demolition of the same. The Archaeological

Survey of India has proved that the structure was a massive

Hindu religious structure.

4. Whether the idols were placed in the building on the

night of December 22/23rd, 1949?

The idols were placed in the middle dome of the disputed

structure in the intervening night of 22/23.12.1949.

2

5. Whether any of the claims for title is time barred?

O.O.S. No. 4 of 1989, the Sunni Central Board of Waqfs

U.P., Lucknow and others Vs. Gopal Singh Visharad and others

and O.O.S. No.3 of 1989, Nirmohi Akhara and Another Vs. Sri

Jamuna Prasad Singh and others are barred by time.

6. What will be the status of the disputed site e.g. inner

and outer courtyard?

It is established that the property in suit is the site of

Janm Bhumi of Ram Chandra Ji and Hindus in general had the

right to worship Charan, Sita Rasoi, other idols and other object

of worship existed upon the property in suit. It is also

established that Hindus have been worshipping the place in

dispute as Janm Sthan i.e. a birth place as deity and visiting it as

a sacred place of pilgrimage as of right since time immemorial.

After the construction of the disputed structure it is proved the

deities were installed inside the disputed structure on

22/23.12.1949. It is also proved that the outer courtyard was in

exclusive possession of Hindus and they were worshipping

throughout and in the inner courtyard (in the disputed

structure) they were also worshipping. It is also established that

the disputed structure cannot be treated as a mosque as it

came into existence against the tenets of Islam.

*********

 
 
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