Krishna Janmabhoomi-Shahi Eidgah dispute: Allahabad HC schedules listening to for April 22

Within the Krishna Janmabhoomi-Shahi Eidgah title dispute case at Mathura, the Allahabad excessive court docket will proceed to listen to the matter on April 22, 2024.

For illustration (Sourced)

Justice Mayank Kumar Jain is listening to the purposes filed by the Muslim aspect on the maintainability of 18 consolidated fits in search of removing of Shahi Eidgah mosque in Mathura.

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The fits, filed by Bhagwan Shrikrishna Virajman at Katra Keshav Dev Khewat and 17 others, claimed that the mosque has been constructed on 13.37 acres of land belonging to the Katra Keshav Deo temple. Subsequently, they’re in search of the restoration of the temple at that location.

In a reply to the arguments raised by the Muslim aspect on the earlier date, Vishnu Shankar Jain submitted that the swimsuit is maintainable. He argued that the plea concerning the applying of the Locations of Worship Act in addition to the Waqf Act can solely be decided by proof offered by the events within the swimsuit and the identical couldn’t be determined whereas listening to an utility below Order 7 Rule 11 of the Civil Process Code (CPC) difficult the maintainability of the fits.

Jain additional contended that merely stating {that a} mosque now exists there didn’t invoke the Waqf Act. He mentioned that the spiritual character of the property couldn’t be modified merely by demolishing the identical. He additional submitted that it needed to be seen and determined that whether or not alleged waqf deed is legitimate or not. If property was not a legitimate property of waqf, it might not be a legitimate waqf. All these items to be seen in trial and thus current swimsuit was maintainable.

Relating to the query of limitation, he mentioned that the current swimsuit had been filed properly throughout the time restrict. The alleged compromise of 1968 got here to the plaintiff’s information in 2020, and inside three years of buying this information, the current swimsuit had been initiated. He additionally talked about that if the ‘Sibayat’ or belief was negligent and did not carry out its responsibility, the deity might step ahead by a subsequent buddy and file a swimsuit, and in such a case, the query of limitation didn’t come up.

Earlier, arguing on the applying for rejection of the plaint, senior advocate Tasneem Ahmadi, the counsel for the Muslim aspect (UP Sunni Central Waqf Board and administration committee of Shahi-Eidgah Masjid), submitted earlier than the court docket that the swimsuit was barred by limitation.

She argued that the events had reached a compromise on October 12, 1968, which was confirmed in a civil swimsuit determined in 1974. The limitation interval to problem a compromise was three years, so because the swimsuit was filed in 2020, it was barred by limitation.

She additional submitted that the prayer within the swimsuit confirmed that the construction of the masjid (mosque) was there and the committee of administration was in possession of the identical, therefore, a query/dispute has been raised on Waqf property, thus provisions of Waqf Act will apply and as such, it’s the Waqf Tribunal, which has the jurisdiction to listen to the matter and never a civil court docket like the current one.

Earlier, she had submitted earlier than the court docket that the title swimsuit was not maintainable as the identical was barred by the provisions of Waqf Act in addition to the Locations of Worship Act 1991, which prohibited conversion of anywhere of worship and to offer for upkeep of non secular character of anywhere of worship because it existed on August 15, 1947.