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Hon'ble Dharam Veer Sharma, J. - Gist of Judgment Part-2
September, 30th 2010

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 plaintiffs 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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