SC asks Nirmohi Akhara for records to establish possessions in Ramjanma bhoomi case

The Hush Post | 6:10 pm | One-minute read|

The Supreme Court today asked the Nirmohi Akhara whether it has got any oral evidence and records of revenue to establish its possession over the Babri Masjid-Ram Janmabhoomi disputed site in Ayodhya.

Headed by Chief Justice Ranjan Gogoi, a five-judge constitutional bench asked the representative lawyer of Nirmohi Akhara, Sushil Jain, the Hindu body will have to establish its case since it was dealing with possession now.

The bench said, “Now, we are dealing with possession. You have to establish the possession. If you have any revenue record in your favour then it is a very good piece of evidence.”

Jain was also asked how the right of ‘shebaitship’ was exercised. Moreover, apart from the revenue records, what were the evidence to show?

Sushil Jain reportedly said, “The suit is covered by article 47 of Limitation Act 1908. The property was under attachment of Magistrate under section 145 of CrPC. Only after the final order of the Magistrate, the limitation period starts running. Since no final order was passed by the Magistrate, the cause of action was continuing and hence, no question of the lawsuit being barred by limitation arose.”

Further, he said, “The suit sought restoration of “shebait” rights for management of temple (‘Shebait’ is the custodian of the temple). The limitation period for the recovery of possessions is 12 years. The dispossession happened in the year 1950. The suit was filed in 1959 so it is within limitation.”

On Tuesday, the Hindu body strongly pitched for the management and control of the disputed land saying that Muslims had not been allowed to enter the place since 1934.

Sushil Jain referred to the records and had said, “No Mohammedan could or ever did enter the temple building. It was specifically stated that no Mohammedan has even attempted to enter it at least since 1934.”

The court is hearing the 14 appeals which were filed against the 2010 Allahabad High Court judgment. It said that the 2.77 acre land in Ayodhya will be partitioned equally among the three parties- the Ram Lalla, the Nirmohi Akhara and Sunni Waqf Board.

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