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ayodhya verdict: hc says divide land into 3 parts

Lawyer

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In a much-awaited verdict, the Special Bench of Allahabad High Court on Thursday ruled that the disputed land in Ayodhya be divided into three parts among Hindus and Muslims.

The disputed land will be divided among the Sunni Waqf Board, Nirmohi Akhara and the party for 'Ram Lalla'.

 

In their separate judgements on the sensitive 60-year old title dispute on Ramjanambhoomi-Babri Masjid structure, Justices S U Khan and Sudhir Agarwal said that the area under the central dome of the three-domed structure where Lord Ram's idol exists belongs to Hindus.

 

The bench also rejected the Sunni Waqf Board's petition claiming title for the disputed site.

 

The majority in the three-judge Lucknow bench also ruled that status quo should be maintained at the disputed place for three months.

 

As an anxious nation awaited the court verdict in the highly-sensitive issue with lakhs of security personnel being deployed in Uttar Pradesh and other sensitive places across the country.

Perhaps for the first in judicial history, a verdict was delivered in high security with media and lawyers and parties unrelated to the case kept out of the court premises.


Total likes : 4 times

 
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Senior Management

can anyone post the detailed judgement. i want to see evidence details. up hi court website is not working today.

 
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Advocacy

http://rjbm.nic.in/

This link may be of some help

 
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Advocate

thanks for the link.
 
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Practicing lawyer(B.Com LL.M in Business law )

My first question is….Can V say now instead of “Disputed land”..it is Now Ram janmabhoomi…??? If yes then n say like that.
N 2nd question is “It is established that the property in suit is the site of Janm Bhumi of Ram and Hindus in general had the right to worship.”…………….then y HC says divide land in 3 parts??. Is it contradictory??
 

Plz explain

 
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self

thanks Ashish...

 
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lawyer

The land is historically belongs to both peoples.Through the   verdiction  the religious groups  can find out a  harmonius path .

 
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Advocacy

Court can only resolve disputes. it cannot solve problems.

And Ayodhya is a problem.

The Court has said that 1/3rd belongs to Hindu. Now who is going to represent Hindus and what will be his/its legal sanctity?

 
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Legal Advisor

We should not comment on the Honourable Court's verdict.Both parties have a legal right to file appeal before Honourable Supreme Court. Mean while the problem may be solved out of court through talks.
 
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ADVOCATE & DIRECTOR

 

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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