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Mainstream, Vol XLVIII, No 42, October 9, 2010

No Comment on Other Original Suit No. 5

Thursday 14 October 2010, by Mukul Dube

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The PDF file extracts from which are reproduced below can be had at http://rjbm.nic.in/. It is the “Judgment delivered by Hon’ble Dharam Veer Sharma, J”.

It does not seem to me that elaborate comment is needed on the evident scheming, on the confounding of plaintiff and judge, and on the crafty intertwining of historical fact and mere belief. The treatment of limitation and of adverse possession is elegantly simple: chit main jeeta, pat tu hara. When Law does not help, make Deities pile on to it and come to the aid of those who invented them.

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH, LUCKNOW O.O.S NO. 5 OF 1989 (R.S.NO. 236/1989

1. Bhagwan Sri Rama Virajman at Sri Rama Janma Bhumi, Ayodhya, also called Bhagwan Sri Rama Lala Virajman, represented by next friend, Sri Deoki Nandan Agrawal, Senior Advocate/ Retired High Court Judge...

2. Asthan Sri Rama Janma Bhumi, Ayodhya, represented by next friend, Sri Deoki Nandan Agrawal Senior Advocate/ Retired High Court Judge...

Although the aforesaid suits have been pending trial for such an extraordinarily long number of years, they are inadequate and cannot result in a settlement of the dispute which led to their institution or the problems arising there from, inasmuch as neither the presiding Deity of Bhagwan Sri Ram Virajman nor the Asthan Sri Rama Janma Bhumi, the plaintiffs no. 1 and 2 herein, who are both juridical persons, were impleaded therein, although they have a distinct personality of their own,...

... The events which have occurred during these four decades, and many material facts and points of law require to be pleaded from the view point of the Plaintiff deities, for a just determination of the dispute relating to Sri Ram Janma Bhumi, Ayodhya, and the land and buildings and other things appurtenant thereto. The plaintiffs have been accordingly advised to file a fresh suit of their own....

...The place belongs to the Deities. No valid waqf was ever created or could have been created of the place or any part of it, in view of the title and possession of the plaintiff deities thereon. Neither ALLAH nor any person on his behalf had any possession over any part of the premises at any time whatsoever, not to speak of any adverse possession....

...The possession of deities over the building in premises is admitted by all the concerned parties. Ever since the installation of the first plaintiff’s idol since the possession of deities continued all along, their possession places the matter of their title beyond any doubt or dispute. Even if there had been any person claiming title to the property adversely to the Plaintiff Deities that would have been extinguished by their open and long adverse possession,...

...The place is a deity. It has existed in this immovable form through the ages, and has ever been juridical persons. The actual and continuous performance of Puja of such an immovable Deity by its devotees is not essential for its existence as a Deity. The deity continues to exist so long as the place exists, and being land, it is indestructible. Thus, Asthan Sri Rama Janma Bhumi is an indestructible and immovable Deity who has continued to exist throughout the ages....

...After independence from the British Rule, the Vairagis and the Sadhus and the Hindu public, dug up and levelled whatever graves had been left in the area surrounding Sri Rama Janma Bhumi Asthan and purified the place by Akhand Patha and japa by thousands of persons all over the area. Ultimately, on the night between the 22nd / 23rd December, 1949 the idol of Bhagwan Sri Rama was installed with the ceremony under the central dome of the building also....

Is everything clear?

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