Allahabad High Court
5 vs Walford 5 on 13 July, 1859
1 5001 and worshipped the place since according to their belief, it was the place of birth of Lord Rama and therefore, could not have been desecrated so as to extinguish in any manner. The idols were kept in the inner courtyard under the central dome on 22/23 December, 1949. The plaintiffs, however, claim in para 3 of the plaint as under:
"3. That the said Asthan of Janma Bhumi is of ancient antiquity and has been existing since before the living memory of man and lies within the boundaries shown by letters A.B.C.D. in the sketch map appended hereto within which stands the temple building of Janma Bhumi marked by letters E.F.G.K. P N M L E and the building denoted by letters E F G H I J K L E is the main temple of Janma Bhumi wherein is installed the idol of Lord Ram Chandra with Lakshmanji, Hanumanji and Saligramji."
4425. Therefore, the manner in which the plaintiff has depicted the premises in dispute and claimed it to be a temple is not correct in view of our findings recorded above. The premises in dispute cannot be treated to be a temple in the manner it is being pleaded and claimed by the plaintiffs (Suit-3). Though there are other aspects of the matter which we have already discussed, subject to those findings, as pointed out above also, in our view, issue No.1(Suit-3) has to be answered in negative. It is decided accordingly. 4426. (L) Identity of the property:In this category fall issues no. 1(B)(a) (Suit-4) and 5 (Suit-5). 4427. Issue No.1(B)(a) (Suit-4):
"Whether the building existed at Nazul plot no.583 of the Khasra of the year 1931 of Mohalla Kot Ram Chandra 5002 known as Ram Kot, City Ayodhya (Nazul Estate) Ayodhya? If so its effect thereon?"
4428. It is not disputed by the parties before this Court that the Nazul plot, in which the building in dispute existed, was recorded as Nazul, plot no. 583, Khasra of 1931 of Mohalla Kot Ram Chandra known as Ramkot, City Ayodhya (Nazul Estate Ayodhya). In the revenue records, plot number is different. The Nazul number of the plot in which the building in dispute situate is not disputed. It is also admitted by all the parties that the plot in which disputed building existed was recorded Nazul in the First Settlement 1861 and had continued so even when the suit in question was filed.
4429. "Nazul land" means land owned by the Government. It is the own pleading of Sunni Board in para 24(B) of the written statement filed in Suit-5.
4430. In the Legal Glossary 1992, fifth edition, published by the Legal Department of the Government of India at page 589, the meaning of the word "Nazul" has been given as "Rajbhoomi i.e. Government land". It is an Arabic word and it refers to a land annexed to Crown. During the British Regime, immoveable property of individuals, Zamindars, Nawabs and Rajas when confiscated for one or the other reason, it was termed as "Nazul property". The reason being that neither it was acquired nor purchased after making payment. In the old record, we are told when they used to be written in Urdu, this kind of land was shown as "Jaidad Munzabta".
4431. For dealing with such property under the authority of the Lt. Governor of North Western provinces, two orders were issued in October, 1846 and October, 1848 wherein after 5003 the words "Nazul property" its english meaning was given as "Escheats to the Government". Sadar Board of Revenue on 20th May, 1845 issued a circular order in reference to Nazul land and in para 2 thereof it mentioned "The Government is the proprietor of those land and no valid title to them can be derived but from the Government." The Nazul land was also termed as confiscated estate. Under circular dated 13th July, 1859, issued by the Government of North Western Provinces, every Commissioner was obliged to keep a final confiscation statement of each district and lay it before the Government for orders. The kingdom of Oudh was annexed by East India Company in 1856. It declared the entire land as vested in the Government and thereafter settled the land to various individuals Zamindars, Nawabs etc. 4432. At Lucknow revolt against the British Company broke up in May, 1857 which is known as the first war of independence which very quickly angle a substantial part of north western provinces. After failure of the above revolution, the then Governor General Lord Canning on 15th May, 1858 issued a proclamation confiscating propriety rights in the soil with the exception of five or six persons who had given support and assistance to British Officers. This land was resettled first for a period of three years and then permanent propriety rights were given to certain Talukdars and Zamindars by grant of 'Sanad' under Crown Grants Act. In the meantime we all know that under the Government of India Act, 1858 the entire Indian territory under the control of East India Company was placed under Crown w.e.f. First November, 1858. A kind of first settlement in summary we undergone in Oudh in 1861 wherein 5004 it appears that the land in dispute was shown as Nazul and since then in the records, the nature of land is continuously being mentioned as Nazul.
4433. In respect to Revenue records as well as Nazul, DW 2/1-2, Sri Ram Sharan Srivastava who happened to be Collector, Faizabad between July 1987 till 1990 and claimed to have seen the record, made the following statement:
^^esjs v/khu jktLo vfHkys[kkxkj esa rhu jsosU;w lsfVyesV~l lu~ 1861] 1893&94] o 1936&37 ds vfHkys[k miyC/k Fks] ftudk eSaus v/;;u fd;k FkkA bu vfHkys[kksa esa [kljk] [krkSuh] [ksoV 'kkfey Fks vkSj rhuksa lsfVyeaV~l dh fjiksVZ buds vykok vyx ls miyC/k FkhaA mijksDr rhu lsfVyesaV~l o fjiksVZ ds vfrfjDr lu~ 1931 esa gq, ut+wy Hkwfe ds losZ ls lacaf/kr fjiksVZ Hkh lfEefyr FkhaA mlh 1931 ds losZ ds vk/kkj ij rS;kj fd;s x;s [kljk] [krkSuh o [ksoV Hkh miyC/k FksA bu rhuksa cUnkscLrh vkSj ut+wy ds losZ ds vfHkys[kksa esa fookfnr LFkku dks tUeLFkku fy[kk gqvk gS vkSj dgha&dgha jketUeHkwfe Hkh fy[kk gqvk gSA bu mYys[kksa ds vk/kkj ij gh eSaus ;g fu"d"kZ fudkyk fd fookfnr LFky Hkxoku Jh jke dk tUeLFkku gSA mijksDr lanfHkZr rhuksa lsfVyeaV vkSj 1931 ds lHkh vfHkys[kksa dks eSaus ewy :i esa vius ftykf/kdkjh dk;kZy; esa eaxokdj ns[kk Fkk] vfHkys[kkxkj esa tkdj ughaA lsfVyesaV dh rhuksa fjiksVZ vaxzsth Hkk"kk esa Fkha vkSj izR;sd fjiksVZ 50 ist rd dh FkhA ;s lHkh fjiksVZ~lZ Vkbi'kqnk FkhaA rhuksa fjiksV~lZ esa losZdrkZ ;k ys[kd dk uke fy[kk gqvk Fkk] ijUrq eq>s muesa ls fdlh dk uke ;kn ugha gSA igys ,oa nwljs lsfVyesaV ds rhuksa vfHkys[k ;kuh [kljk] [krkSuh vkSj [ksoV mnwZ esa FksA ijUrq tgka rd eq>s ;kn gS] rhljs lsfVyesaV ds vfHkys[k fgUnh esa FksA** ¼ist 54&55½ "The records of three revenue settlements of year 1861,1893-94 &1936-37 were available in the revenue record room under me. These records included khasra, khatauni, khewat and the reports of the three settlements were available separately besides them. The survey report 5005 of 1931 in respect of nazul land, was also included besides the three settlements and reports. The khasra, khatauni & khewat prepared on basis of survey of 1931, were also available. In the records of all the three settlements and the nazul survey, the disputed site has been mentioned as Janmsthan and at places Ramjanmbhumi has also been mentioned. On basis of the said mentions, I drew the conclusion that the disputed site was the birth place of Lord Rama. I had summoned and perused the original record of the above-referred three settlements & 1931 survey, in my District Magistrate office and did not peruse them in the record room. The three reports of settlements were in English language and each report ran into fifty pages. All these reports were in typed form. All the three reports bore the name of the surveyor or the scribe, but I do not remember any of those names. The three records of the first and second settlement viz. khasra, khatauni and khewat were in Urdu. However, to the best of my memory, the records of the third settlement were in Hindi." (E.T.C.) ^^lHkh vfHkys[kksa dh fgUnh izfr;ka Hkh ekStwn FkhaA og fgUnh izfr;ka igys ls fjdkMZ ij miyC/k Fkh] eSaus ugha cuokbZ FkhaA ;s fgUnh izfr;ka Hkh jktLo vfHkys[kkxkj ls gh esjs ikl vkbZ FkhaA 1931 ds ut+wy losZ ds vfHkys[k Hkh mnwZ esa Fks] ftudh izfr;ka jktLo vfHkys[kkxkj ls ewy vfHkys[kksa ds lkFk vkbZ FkhaA** ¼ist 55½ "The Hindi copies of all the records were available. The Hindi copies were already available in the records, and I had not got them prepared. These Hindi copies had also come to me from the revenue record room. The records of nazul survey of 1931, were in Urdu, whose copies had come along with original records from the revenue record 5006 room." (E.T.C.) ^^rhuksa lafVyeasV vkSj pkSFks] utwy losZ ds vfHkys[k esa dksV jkepUnz dk gh uke fy[k gqvk FkkA** ¼ist 55&56½ "Only Kote Ramchandra was mentioned in the records of three settlements and the fourth , nazul survey."(E.T.C.) ^^vk[kjh lsfVyesaV ds uEcjku 159] 160 o 160 , Fks] tks gesa ;kn ugha gSaA mu lHkh uEcjku esa tUeLFkku fy[kk gqvk FkkA gj lsfVyesaV esa IykV dh la[;k cny tkrh Fkh] ftu IykV ds uEcjku eSaus 159 o 160 crk;s gSa] os vkf[kjh cUnkscLr ds uEcjku FksA utwy ds losZ esa mlls lacaf/kr uEcjku 583] 586 Fks] tks eq>s ;kn gSA** ¼ist 56½ "The numbers of the last settlement were 159, 160 and 160A, which I do not remember. Janamsthan was written against all these numbers. The plot number changes in every settlement. The plot numbers 159 and 160 given by me, were the numbers of the last settlement. The numbers concerned to it in the Nazul survey were 583, 586, which are within my memory." (E.T.C.) ^^utw+y losZ ls lacaf/kr vfHkys[kksa esa fookfnr LFky ls lacaf/kr uEcjksa esa efLtn 'kkg ckcj ;k efLtn tUeLFkku ugha fy[kk Fkk] cfYd flQ+Z tUeLFkku fy[kk FkkA fookfnr LFky ls lacaf/kr ut+wy uEcjksa esa dfczLrku ugha fy[kk FkkA** ¼ist 56½ "In the records related to the nazul survey, neither 'Masjid Shah Babar' nor 'Masjid Janmsthan' was written in the numbers related to the disputed site and instead only Janmsthan was mentioned. Graveyard was not mentioned in the concerned nazul numbers of the disputed site."(E.T.C.) ^^igys o nwljs cUnksacLr ds vfHkys[kksa esa fdlh uEcj esa efLtn] 'kkgh efLtn ;k tUeLFkku efltn ugha fy[kk FkkA rhljs cUnkscLr ds 5007 [kljk] [krkSuh o [ksoV esa fdlh&fdlh fjdkMZ esa bUVjiksys'ku Fks] ftlesa fookfnr LFky ds dqN uEcjku esa tUeLFkku efLtn ;k dgha tkek efLtn b.Vjiksys'ku ds }kjk fy[ks x;s FksA bldh fjiksVz eSaus Hksth FkhA bl laca/k esa eSaus fjiksVZ 1989 esa cksMZ vkQ+ jsosU;w dks Hksth FkhA esjh fjiksVZ ij tkWap gqbZ FkhA dksbZ vf/kdkjh jsosU;w cksMZ ls vk;s FksA tkWpdrkZ] cksMZ vkQ jsosU;w ds lfpo ds uhps ds vf/kdkjh Fks] esEcj ughaA ftu fjdkMZl esa b.Vjiksys'ku fd;s x;s Fks vkSj ftudh fjiksVZ eSaus Hksth Fkh] mUgsa dHkh Bhd ugha fd;k x;k D;ksafd ekStwnk ekeyk vnkyr esa isafMax FkkA** ¼ist 56&57½ "In no number of the records of first and second settlement, there was any mention of mosque, royal mosque or Janmsthan mosque. In certain records of khasra, khatauni & khewat of the third settlement, there were interpolations and Janmsthan Masjid or Jama Masjid were interpolated in certain numbers of the disputed site. I had sent its report. I had sent the report in the behalf to the Board of Revenue in 1989. An enquiry was held on my report. Some officer of Board of Revenue had come. The investigator was an officer subordinate to the Secretary, Board of Revenue and was not a member. The records in which interpolation had been made and whose report I had submitted, were never corrected because the matter was pending in Court." (E.T.C.) 4434. We may have another aspect. In para 24(B) of the written statement in Suit-5, Muslim parties (U.P.Sunni Central Board of Waqf) have said:
"The land in question undoubtedly belonged to the State when the mosque in question was constructed on behalf of the State and as such it cannot be said that it could not be decided for the purposes of the mosque."5008
4435. The claim of the muslim parties is that the entire territory which came in the control of Babar after defeating Ibrahim Lodhi and others became his land since king was the owner of the land and no system of private ownership was recognized and therefore, he was at liberty to direct for any kind of construction on such land and the land could not have been treated to be owned by any private individual or anyone else. 4436. Let us consider this aspect also in the context of the theory of 'Nazul'. Such kind of land cannot be a Nazul land. If the entire territory during Mughal regime would that of a king, as soon as the territory annexation or otherwise changed its hand with the East India Company, they would have entered into the shoes of the Mughal king and got the same rights, obligations, privileges etc. on the land. The status of the land would not have changed in such a manner. Such a land could not be confiscated since it was already the land of the king but when a proclamation was issued for confiscating the land, meaning thereby the East India Company or the British Government did not follow the same principle. In our view, in such a matter, even the doctrine of "escheat" or "bona vacantia" may not be applicable 4437. The question as to who could have been owner of the land in 1528 AD when alleged that the disputed building was constructed by Babar through his Commander Mir Baqi, the concept sought to be canvassed is that law, whether Islam or Hindu Shastras, do not recognise any personal right of ownership upon immoveable property. The entire property within the suzerainty of the king belong to him, who had right to tax its subject in the form of tax or otherwise by realising share 5009 in the agricultural or other income in the immoveable property. The percentage of share may differ and that may not be relevant for our purpose.
4438. The second aspect of the matter is that since ancient time the right of ownership proceeded with possession and is recognized by the well known principle "possession follows title". The individual right of ownership therefore was well recognized in the various personal laws and the only right the king had to acquire the land in known valid means, namely by purchase or gift etc. The obligation upon the king is to protect the subject and his property from enemies and for that purpose he used to raise revenue from the subject in the form of tax and/or share from the income of the property etc. It is said that the King, by virtue of its authority, was not the sole owner of the entire immoveable property within his suzerainty but though the immoveable property was subject to his suzerainty, the individual right of the owner on the property continued to be recognized. Besides, the fact that the land could have been acquired by the king by valid means like purchase, gift etc., meaning thereby other modes of acquisition of immoveable property by King existed otherwise no private owner of the land in question would have been there within his suzerainty. 4439. The learned counsel for the parties in this aspect referred to the doctrine of Escheat/bona vacantia. We find that the right of the King to take property by escheat or as bona vacantia was recognized by common law of England. Escheat property was the lord's right of re-entry on real property held by a tenant dying intestate without lawful heirs. It was an incident, of feudal tenure and based on the want of a tenant to perform the 5010 feudal services. On the tenant dying intestate without leaving any lawful heirs, his estate came to an end and the lord was in by his own right and not by way of succession or inheritance from the tenant to re-enter the real property as owner. In most of the cases the land escheated to the Crown as the lord paramount, in view of the gradual elimination of intermediate or mesne lords since 1290 AD. The Crown takes as bona vacantia goods in which no one else can claim property. In Dyke Vs. Walford 5 Moore PC 434 = 496-13 ER 557 (580) it was said "it is the right of the Crown to bona vacantia to property which has no other owner." The right of the Crown to take as bona vacantia extends to personal property of every kind. Giving a notice at this stage that the escheat of real property of an intestate dying without heirs was abolished in 1925 and the Crown cannot take its property as bona vacantia. The principle of acquisition of property by escheat i.e right of the Government to take on property by escheat or bona vacantia for want of a rightful owner was enforced in the Indian territory during the period of East India Company by virtue of statute 16 and 17 Victoriae, C. 95, Section 27.
4440. We may recollect having gone through the history that several estates were taken over by British Company by applying the doctrine of lapse like Jhansi which was another kind of the above two principles. The above provisions had continued by virtue of Section 54 of Government of India Act, 1858, Section 20(3)(iii) of Government of India Act, 1915 and Section 174 of the Government of India Act, 1935. After the enactment of the Constitution of independent India, Article 296 now provides :
5011"Subject as hereinafter provided, any property in the territory of India which, if this Constitution had not come into operation, would have accrued to His Majesty or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or as bona vacantia for want of a rightful owner, shall if it is property situate in a State, vest in such State, and shall, in any other case, vest in the Union."
4441. The Apex Court in Pierce Leslie and Co. Ltd. (supra) has considered the above principles in the context of sovereign India as it stands under its constitution after independence and has observed that "in this country the Government takes by escheat immoveable as well as moveable property for want of an heir or successor. In this country escheat is not based on artificial rules of common law and is not an incident of feudal tenure. It is an incident of sovereignty and rests on the principle of ultimate ownership by the State of all property within its jurisdiction."
4442. The Apex Court placed reliance on Collector of Masulipatam Vs. C. Vencata Narainapah 8 MIA 500, 525; Ranee Sonet Kowar Vs. Mirza Himmut Bahadoor (2) LR 3 IA 92, 101, Bombay Dyeing & Manufacturing Co. Vs. State of Bombay (1958) SCR 1122, 1146, Legal Remembrancer Vs. Corporation of Calcutta (1967) 2 SCR 170, 204. 4443. The Judicial Committee in Cook Vs. Sprigg 1899 AC 572 discussing what is an act of state, observed :
"The taking possession by Her Majesty, whether by cession or by any other means by which sovereignty can be acquired, was an act of State."
4444. This decision has been followed in Raja Rajinder 5012 Chand Vs. Mst. Sukhi and others AIR 1957 S.C. 286. 4445. In Vajesingji Joravarsingji Vs. Secretary of State AIR 1924 PC 216, Lord Dunedin said :
"When a territory is acquired by a sovereign State for the first time, that is an act of State. It matters not how the acquisition has been brought about. It may be by conquest, it may be by cession following on treaty, it may be by occupation of territory hitherto unoccupied by a recognised ruler. In all cases the result is the same. Any inhabitant of the territory can make good in the municipal Courts established by the new sovereign only such rights as that sovereign has, through his officers, recognised. Such rights as he had under the rule of predecessors avail him nothing."
4446. In Dalmia Dadri Cement Co. Ltd. Vs. Commissioner of Income-tax AIR 1958 SC 816, the Court said :
"The expression 'act of State' is, it is scarcely necessary to say, not limited to hostile action between rulers resulting in the occupation of territories. It includes all acquisitions of territory by a sovereign State for the first time, whether it be by conquest or cession."
4447. In Promod Chandra Deb Vs. State of Orissa AIR 1962 SC 1288, the Court said, " 'Act of State' is the taking over of sovereign powers by a State in respect of territory which was not till then a part of its territory, either by conquest, treaty or cession, or otherwise."
4448. To the same effect was the view taken by the Constitution Bench in Amarsarjit Singh Vs. State of Punjab 5013 AIR 1962 SC 1305 in para 12 as under :
"It is settled law that conquest is not the only mode by which one State can acquire sovereignty over the territories belonging to another State, and that the same result can be achieved in any other mode which has the effect of establishing its sovereignty."
4449. In Thakur Amar Singhji Vs. State of Rajasthan AIR 1955 SC 504, in para 40, the Court said :
"The status of a person must be either that of a sovereign or a subject. There is no tertium quid. The law does not recognise an intermediate status of a person being partly a sovereign and partly a subject and when once it is admitted that the Bhomicharas had acknowledged the sovereignty of Jodhpur their status can only be that of a subject. A subject might occupy an exalted position and enjoy special privileges, but he is none the less a subject ..."
4450. In State of Rajasthan and Others Vs. Sajjanlal Panjawat and Others AIR 1975 SC 706 it was held that the Rules of the erstwhile Indian States exercised sovereign powers, legislative, executive and judicial. Their firmans were laws which could not be challenged prior to the Constitution. The Court relied on its earlier two decisions in Director of Endowments, Govt. of Hyderabad Vs. Akram Ali AIR 1956 SC 60, and Sarwarlal Vs. State of Hyderabad AIR 1960 SC
862. 4451. In Promod Chandra Deb Vs. State of Orissa A.I.R. 1962 S.C. 1288 "act of the State" was explained in the following words:
5014"an "act of State" may be the taking over of sovereign powers either by conquest or by treaty or by cession or otherwise. It may have happened on a particular date by a public declaration or proclamation, or it may have been the result of a historical process spread over many years, and sovereign powers including the right to legislate in that territory and to administer it may be acquired without the territory itself merging in the new State."
4452. This decision has been followed later on in Biswambhar Singh & Anr. Vs. The State of Orissa & Ors. 1964(1) Supreme Court Journal 364.
4453. Sri Jilani, learned counsel for the applicant, however, submitted that the State has already given up and is not contesting the matter though it is a party in the suit. In the circumstances, whosoever may have in the possession in the Nazul record of the Government, it would not result in treating the land in dispute owned by the Government or belonging to the Government. Hence the matter has to be decided between the parties other than the Government, who has given up its case and has made a statement that it is not contesting the matter. 4454. Sri S.P.Srivastava, learned Additional Chief Standing Counsel has made a statement to this effect before us that as per his instructions, the State Government is not contesting the suit.
4455. In view thereof and fortified by the law laid down in State of Bihar and others Vs. Sri Radha Krishna Singh (supra) despite the fact that building is shown to continued as Nazul plot no.583 of Khasra of the year 1931 of Mohalla Kot Ram Chandra, we find that it will not make any impact upon the 5015 claim of the various parties of the two communities since the State of U.P. is not claiming any right over the property in dispute and has specifically taken a stand of no contest. The issue 1(B)(a) (Suit-4) is answered accordingly. 4456. Issue No.5 (Suit-5) is as under:
"Is the property in question properly identified and described in the plaint?"
4457. This issue pertains to the identification of the property in dispute as described in the plaint. Counsel for defendants No.4 and 5 submitted that the suit as framed show the property in respect whereto relief was sought as mentioned in the annexures no.1, 2 and 3 to the plaint and do not specify of the boundaries of the property in respect whereto Suit-5 was filed. However, so far as the disputed site and structure is concerned, there is no dispute between the parties in respect thereto either about its identification or description. After the decision of the Apex Court in Dr. M. Ismail Farooqui's case (supra) holding acquisition of property by the Central Government under Act, 1993, except the site in dispute, valid, the only area which is now required to dealt with by us in all these cases is that which comprises of the of outer and inner courtyard including disputed structure. 4458. In the peculiar facts and circumstances of the case since the property in dispute against which now the Court is required to consider whether the plaintiffs are entitled for relief or not is well identified and known to all the parties, there is no ambiguity. Issue No.5 is answered in affirmative i.e. in favour of the plaintiffs.
4459. (M) Issues relating to Specific Relief Act:
50164460. Issues no. 8 (Suit-1) and 18 (Suit-5) falls in this category which read as under:
Issue No. 8 :-"Is the suit barred by proviso to Section 42 Specific Relief Act?"
Issue No. 18:-"Whether the suit is barred by section 34 of 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?"
4461. In Suit-1 issue 8 has been framed in view of the pleadings of defendants no. 1 to 5 (i.e. para 17 of the written statement) as well as para 17 of the written statement of defendant no. 10 which read as under:
Written statement of defendants no. 1 to 5 ^^nQk 17- ;g fd eqn~nbZ dk dCtk ;k dksbZ gd ckdh ugha jgk vkSj u gSA bl otg ls nkok bLrdjkfj;k glc nQk 42 dkuqu nknjlh [kkl ukdkfcy QthjkbZ vnkyr gSA** "Para 17. That right or possession of the plaintiffs remained no more and, therefore, this suit for declaration under Section 42 of the Specific Relief Act is not maintainable. (E.T.C.) Written statement of defendant no. 10 "17. That as the plaintiff has never remained in possession or occupation of the building in suit, he has no right, title or claim over the said property and as such the suit is even barred by the provisions of Section 42 of the Specific Relief Act."
4462. In Suit-5 para 42 of the additional written statement of defendant no. 3, para 47 of the written statement of defendant 5017 no. 4 and para 62 of the written statement of defendant no. 5 read as under:
"42. That site plan annexure II attached to the abovenoted plaint does not bear any plot no's (settlement or Nazul) nor it is bounded as to give any definite identity of property. Temple Shri Vijay Ragho ji Sakshi Gopal has never been subject matter of the any of the suit O.O.S. 4/89 or O.O.S. 3/89 pending before this Hon'ble Court. Sumitra Bhawan is another temple shown in the site plan. Which is temple of Sheshaawatar Laxmanji Maharaj and that is why it is famous name of his mother Sumitra as Sumitra Bhawan. It has been in possession and management of Mahant Raj Mangal Das one of the panch of Nirmohi Akhara. The Nazul plot no 588 measuring 1-6-13-15 Kachwanceis of Mohalla Ram Kot is recorded with Deity Laxamanji Maharaj through Ram Das Nirmohi who is Guru of Raj Mangal Das. Mah Ram Das of Sumitra Bhwan is recorded in settlement plot no. 168 to 174 as qubiz. Similarly Lomash Chaura Mandir, Sita Koop Mandir, Kuti shown is said map has distinct Deity of Bhagwa Ram Lalaji by the other panches of Nirmohi Akhara namely and respectively Mahant Dwarika Das, Mahant Naval Kishore Das and Ram Gopal Das who are all panches of Nirmohi Akhara. Sankat Mochan temple have been omitted in the said map whereas it did exist on the date of this suit. It has its deity Sankat Mochan Hanomanji and Thakur Ram Janki represented by Sarbarakar Ram Dayal saran Chela of Ram Lakhan saran. Late Ram Lakhan Saran and also belong to the spiritual family of Nirmohi Akhara as he was Naga 5018 chela of Goliki Ram Lakhan Das, one of the old panch of Nirmohi Akhara. Other Samadhis in the name of famous sages have been owned and claimed by answering defendant no. 3 as Samadhies of old Sadhus of Nirmohi Akhara. Panches and Sadhus of Akhara are living in the surrounding since before the human memory. The outer Sahan carried a little temple of Bhagwan Ram Lalaji along with other place which are regularly worshipped according to the customs prevailing amongst Rama Nandi Vairagies. The outer part with this temple of Ram Lallaji and other deities have ever been in management and charge of Nirmohi Akhara as sheibiat till this outer portion with Bhandar was attached U/s 145 Cr. P.C. On 16.2.82 and a receiver is appointed there vide order of Civil Judge Faizabad in Reg. Suit 239/82 Sri Ram Rama Nandi Nirmohi Akhara Versus K.K. Ram Varma etc. due to lootpat committed by Dharam Das. Mr. Deoki Nandan Agarwal has named himself to be witness of Dharam Das. Therefore suit for all these properties by plaintiff 3 is not maintainable for want of possession and is barred by provision of sec. 34 of specific Relief Act.
47. That the suit is barred by the provisions of Section 34 of the Specific Relief Act also.
62. That the plaint is liable to be rejected for want of a real and subsisting cause of action and not seeking relief of possession u/s 34 Specific Relief Act and as per plaint averment there is on surviving cause of action in favour of the plaintiffs."
4463. Issue 8 (Suit-1) relates to Section 42 of the Specific 5019 Relief Act, 1963 (hereinafter referred to as "Act, 1963"). It would be useful first to have a glance over the said provision:
42. Injunction to perform negative agreement.-- Notwith-
standing anything contained in clause (e) of Section 41, where a contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement, express or implied, not to do a certain act, the circumstances that the court is unable to compel specific performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement:
Provided that the plaintiff has not failed to perform the contract so far as it is binding on him.
4464. Before enactment of Act, 1963 the field was governed by the Specific Relief Act, 1877 (in short Act, 1877). The corresponding provision in the earlier enactments was Section 47 pari meteria with the present Section 42. Section 41(e) of Act, 1963 recognize a general rule that an injunction ought not to be granted to prevent breach of contract, the performance of which would not be specifically enforced. For example a contract of personal service is not specifically enforceable. Therefore, no injunction should be granted to restrain its breach and this is what is recognised and specifically provided in Section 41(e) of Act, 1963.
4465. To this general rule enunciated in Section 41(e), the legislature has recognised an exception and has embodied it in Section 42. Where a contract contains both, a negative and an affirmative stipulation, the Court will interfere by injunction to restrain breach of the negative portion of the contract without referring to the question whether or not the whole contract is 5020 capable of specifically enforced. It is said that this provision is in recognition of the view expressed in Lumley Vs. Wagner, (1865) 1 Eq. 411. It appears that before the decision in Lumley Vs. Wagner (supra) the British Courts were of the view when it may not enforce the positive part of contract, it ought not to restrain by injunction any breach of the negative part. This view was overruled in Lumley Vs. Wagner (supra) and Lord St. Leonards observed:
"Wherever this Court has no proper jurisdiction to enforce specific performance it operates to bind men's conscience as far as they can be bound to a true and literal performance of their agreement and it will not suffer them to depart from their contracts at their pleasure leaving the party with whom they have contracted to the mere chance of any damages which a jury may give."
4466. During the course of the argument learned counsel for the defendant-muslim parties have not addressed us as to how Suit-1 deserves to be defeated by virtue of Section 42. The claim of the plaintiff is neither based on any contract nor agreement but it is a personal right of his own, enforcement whereof he has sought by seeking a declaration that he has a right to worship at the place in dispute, i.e., a place for which Suit-1 is confined, i.e., the inner courtyard and secondly that the objects of his worship exist thereat be not disturbed and he should not be obstructed in observance of his personal right of worship. It would have been a different thing if the argument would have been that the obstruction, if any, by the official defendants is in performance of their official duties and enforcement of a statutory order passed by the Magistrate under 5021 Section 145 Cr.P.C., hence an injunction restraining them from creating a so called obstruction which is nothing but the compliance of the statutory order cannot be granted, which could have been considered in its context but here the specific objection is with reference to Section 42 of the Specific Relief Act which in our view is ex facie not attracted in this case. Issue 8 (Suit-1) is accordingly answered in negative. It is held that the suit is not barred by proviso to Section 42 of Act, 1963.
4467. Issue 18 (Suit-5) relates to Section 34 of Act, 1963 and here also it would be prudent to have a glance over the relevant provision:
"34. Discretion of court as to declaration of status or right . - Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief:
Provided that no court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.
Explanation.-A trustee of property is a "person interested to deny" a title adverse to the title of some one who is not in existence, and for whom, if in existence, he would be a trustee.
4468 The basic submission of defendants no. 3, 4 and 5 (Suit-5) in persuading this Court to hold the suit not maintainable by virtue of Section 34 of Act 1963 is that the 5022 plaintiffs being out of possession of the property for which the suit in question has been filed, cannot seek a mere declaration and injunction unless a relief for possession is also claimed in absence whereof the suit is barred by Section 34 of the Act. This we have already dealt with in detail at various stages earlier also but since it is a substantial objection raised by the defendants and persuaded at length by Sri R.L. Verma, Advocate for Nirmohi Akhara we shall deal here in detail.
4469. Suit-5 has been filed by two plaintiffs, i.e., the idol and the place, i.e., Sri Ramjanambhumi Asthan as deity with the status of juridical personality through next friend for the protection of themselves and the property vests in them. On the date when the suit was filed, both the deities were at the site in dispute despite of the premises under attachment and the management in the hands of a Receiver. We have already held that the plaintiffs no. 1 and 2 are juridical persons. Both are at the site in dispute. It is nobody's case that the deity is not existing or present at the disputed site though by its very nature the management and care has to be taken by a natural person and since the date of attachment it is in the hands of a Receiver. The possession of Receiver is, therefore, qua deity is like that of a shebait or a manager. Since the deities are already there residing and existing, for their purpose it is sufficient to seek a declaration about their status as well as that of property and nothing more is required except where if they have any apprehension of obstruction etc., in the enjoyment of their status or property, they can always seek an injunction for prevention of such obstruction.
4470. Where an action is brought to obtain a declaration of 5023 a person's right vis a vis a property, in such a case bar provided under Section 34 of Act 1963 would not be attracted. In Limba Bin Krishna and others Vs. Rama Bin Pimplu and anothers, 1889(13) ILR (Bom) 548 while considering the question of applicability of Section 42 of the Specific Relief Act 1877 in a case where the plaintiffs sought a declaration regarding his right to perform worship of an idol, it was held that such a suit is maintainable and not barred by Section 42 of Act 1963. A Division Bench of Bombay High Court relied on a Calcutta High Court in Mitta Kunth Audhicarry Vs. Neerunjun Audhicarry, 14 Beng. L.R. 166, Couch C.J., described the right of a plaintiff to perform worship of an idol as 'property' subject to partition, the joint owners being entitled to perform the worship. It also relied on Pranshankar Vs. Prannath Mahanand, 1 Bom H. C. Rep. 12 wherein it was held that an action would lie to obtain a binding declaration of a person's right to perform the duties of a Pujari and to receive the proceeds of the Mandir.
4471. In Surayya and another Vs. Annapurnamma, 1919(42) ILR (Mad.) 699 the Court held that a suit for declaring a will allegedly executed by a family member forged is maintainable and not barred by Section 42 of Act 1877.
4472. In a different context, but involving a similar situation, a suit by deity seeking a declaration for the property and injunction restraining the defendants from interfering in the user of the property was held maintainable at the instance of deity. In Monindra Mohan Banerjee and others Vs. The Shamnagar Jute Factory Co. Ltd. and another, 1938-39 (43) CWN 1056 a Division Bench of Calcutta High Court considered 5024 a suit filed by the worshippers seeking following reliefs:
"(1) That the land in dispute may be declared to be the Debsthan of the Shiva Linga deities and a public place of worship of the Hindu public and that the public had acquired an absolute and indefeasible right to the use of the same as a Debsthan by long and uninterrupted user from time immemorial and to build the temples of the deities and for a declaration that the Shamnagar Jute Factory has not right and title thereto or any right to interfere with the building of the temple on the disputed land;
(b) for declaration that the action of the Defendant Municipality in refusing sanction for the construction of the temple of the deities was illegal and ultra vires;
(c) for declaration that the action of the Defendant in prosecuting the Plaintiffs under sec. 501 of the Bengal Municipal Act was illegal;
(d) for an injunction restraining the Defendant Municipality from proceeding with the prosecution;
(e) for an injunction upon the Defendants from interfering with the public right of worship and entry on the land;
(f) for costs of the suit and
(g) for any other relief which they might be entitled under law."
4473. The Court recorded its finding with respect to the maintainability of suit on pages 1058-1059 and said:
"On hearing the learned Advocates on both sides, it 5025 appears to me that the plaint was undoubtedly defective but at the same time the defects were not of such a character as would justify a dismissal of the entire suit. From the plaint as it is framed it is quite obvious that the suit was not instituted by or on behalf of the deities. It would have been quite in order if the deities themselves had brought the suit through the Plaintiffs as their representatives. They might have prayed for a declaration of their title to the property in suit and for an injunction restraining the Defendants from interfering with their possession and user of the same. As the plaint stands, however, the Plaintiffs who claim to represent the Hindu public of Garulia, come in not as shebaits or as representatives of the idols but as worshippers and some amount of confusion has been introduced in the plaint by mixing up the rights of the deities and those of the worshipping public. From paragraph 9 of the plaint as well as from prayer (a) it will appear that the Plaintiffs want in the first place that the land in suit might be declared to be a Debsthan of the idols and in the second place they want it to be declared that it is a public place of worship and that the Hindu public has, by prescription, acquired an indefeasible right to use the same and to build temples upon it. The right to build temples is therefore claimed by the Plaintiffs as members of the public as a part of their rights as worshippers. It is not claimed by or on behalf of the deities as a necessary adjunct of the proprietary right which the deities might have had in the land in suit. I cannot accept the proposition of law put forward by Mr. Mukherji that as the deities are said to be 5026 public deities the Hindu public of the locality constitute shebaits de jure. In case of a public deity the public undoubtedly have a right of worship but from that it does not necessarily follow that they are the shebaits of the deity in the sense that they are the only people to manage the temporal affairs of the deity and look after its worship. As a matter of fact no such case was attempted to be made in the plaint, which proceeds on the footing that it is a public place of worship and the rights of user which the public have got, carry with them the right to build temples upon the land. Accepting therefore the position that the Plaintiffs have instituted the suit in the capacity of persons interested in the worship of these deities and not as shebaits or as representatives of the idols, I think it was quite competent for them to sue for a declaration that the property in suit belonged to the idols. This is clear from the decision of the Judicial Committee in the case of Abdur Rahim Vs. Mahomed Barkat Ali, L.R. 55 I.A. 96. The deity is not a necessary party to such a suit though it may be desirable to make it a party so that the decision might be made conclusive and binding for all times to come. Similarly the Plaintiffs are entitled to have a declaration in this suit that the land in suit is a public place of worship and that they have a right to use it as such. The deity would also not be a necessary party to a suit for a declaration of this character."
4474. Applicability of Section 34 can be seen from another angle. The deity being an artificial personality, the right of possession as per the Hindu law text vests in the natural person 5027 who is responsible of taking care, i.e., Sewa, Prarthana etc. which is normally called Shebait or manager. It is in this context that it has been held that right to sue or being sued vests in the Shebait. This phrase we have already considered and explained above. It means that since an artificial person does not have a capacity to possess or to act like a natural person, it acts through a natural person and hence right to possession, management and also to bring an action, i.e., corporeal activities vest in such natural person but that does not mean that the deity shall always depend upon such person. Where the rights of deities are otherwise affected, a worshipper can also bring an action for the benefit of the deity and its property but in such a case such next friend shall not be entitled to claim possession. The position may have a different colour where the deity is in the nature of a Swayambhu deity and there is no defined or ascertained natural person who is employed to take its care. The deity is open for worship to public at large but no individual is assigned the job of maintenance of the deity. In such case it is for the Court to appoint a person to take care but when the deity filed suit for protection of itself or its property, on which it is continuing to present/reside or existing, no relief of possession is necessary, a suit for mere declaration can be filed. 4475. In Anjuman Islamia Vs. Najim Ali and others (supra) a Division Bench of the Madhya Pradesh High Court in para 8 of the judgment said:
"8. It has been contended by the defendants/respondents that the suit as framed for a declaration simpliciter was not maintainable under the proviso to Section 34 of the Specific Relief Act, 1963, for the defendants are in possession of the 5028 property in suit. In our view the defendants as well as the Court below misconceived the provisions of Section 34 of the S. R. Act. Section 34 of the S. R. Act provides that any person entitled to any loyal character or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right and the Court may in its discretion make such a declaration. There is a proviso attached to Section 34 which contemplates that no Court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title omits to do so. It is under this proviso that the defendants contended that the suit for mere declaration was not tenable without seeking further relief of possession. In our opinion the present suit does not fall under Section 34 of the Act for the reason that the present suit was not instituted by the Anjuman for a declaration of its own right or title to property in suit, or its right to a legal character. But it was a suit, on the other hand, to challenge the defendants assertion for right to property and their legal character in respect thereof. But assuming the suit falls under the provisions of Section 34 of the Act yet it would he tenable for declaration simpliciter and the plaintiff will have locus standi to bring the suit because the plaintiff was not Mutwalli or trustee of the alleged wakf and it did not claim to possess the property in its own behalf. Therefore, the plaintiff was not legally entitled to possession. The plaintiff therefore could not have asked for any further relief for possession. In such a position it was not necessary at all for the plaintiff to claim 5029 any consequential relief and in our opinion there can be no doubt that in the circumstances of this case the plaintiff had a right to ask for a declaratory relief only that the suit property was wakf and not the private property of the defendants. In this view of the matter we are supported by the decisions in Ram Rup v. Sarn Dayal, AIR 1936 Lah. 283 decided by Coldstream, J.-- and Abdul Rahim v. Faqir Mohd, Shah, AIR 1946 Nag. 401."
4476. Section 42 of the Specific Relief Act 1877 has been explained by the Apex Court in Vemareddi Ramaraghava Reddy and others Vs. Konduru Seshu Reddy (supra) and in para 11 it says:
"11. In our opinion, S. 42 of the Specific Relief Act is not exhaustive of the cases in which a declaratory decree may be made and the courts have power to grant such a decree independently of the requirements of the section. It follows, therefore, in the present case that the suit of the plaintiff for a declaration that the compromise decree is not binding on the deity is maintainable as falling outside the purview of S. 42 of the Specific Relief Act."
4477. In the context of a suit filed for the benefit of deity by the next friend, the Court held that a mere declaratory suit is proper. In paras 10 and 12 of the judgment the Court held:
"10. The legal position is also well-established that the worshipper of a Hindu temple is entitled, in certain circumstances, to bring a suit for declaration that the alienation of the temple properties by the de jure Shebait is invalid and not binding upon the temple. If a Shebait has improperly alienated trust property a suit can be brought 5030 by any person interested for a declaration that such alienation is not binding upon the deity but no decree for recovery of possession can be made in such a suit unless the plaintiff in the suit has the present right to the possession. Worshippers of temples are in the position of cestuui que trustent or beneficiaries in a spiritual sense (See Vidhyapurna Thirthaswami v. Vidhyanidhi Thirthaswami, 1904 ILR 27 Mad. 435 at page 451). Since the worshippers do not exercise the deity's power of suing to protect its own interests, they are not entitled to recover possession of the property improperly alienated by the Shebait, but they can be granted a declaratory decree that the alienation is not binding on the deity (See for example, Kalyana Venkataramana Ayyangar v. Kasturiranga Ayyangar, ILR 40 Mad 212:AIR 1917 Mad 112 (FB) and Chidambaranatha Thambiran v. Nallasiva Mudaliar, ILR 41 Mad 124:AIR 1918 Mad 464). It has also been decided by the Judicial Committee in Abdur Rahim v. Mahomed Barkat Ali, 55 Ind. App. 96: AIR 1928 PC 16 that a suit for a declaration that property belongs to a wakf can be maintained by Mahomedans interested in the wakf without the sanction of the Advocate-General, and a declaration can be given in such a suit that the plaintiff is not bound by the compromise decree relating to wakf properties."
"12. The next question presented for determination in this case is whether the compromise decree is invalid for the reason that the Commissioner did not represent the deity. The High Court has taken the view that the 5031 Commissioner could not represent the deity because S. 20 of the Hindu Religious & Charitable Endowments Act provided only that the administration of all the endowments shall be under the superintendence and control of the Commissioner. Mr. Babula Reddy took us through all the provisions of the Act but he was not able to satisfy us that the Commissioner had authority to represent the deity in the judicial proceedings. It is true that under S. 20 of the Act the Commissioner is vested with the power of superintendence and control over the temple but that does not mean that he has authority to represent the deity in proceedings before the District Judge under S. 85 of the Act. As a matter of law the only person who can represent the deity or who can bring a suit on behalf of the deity is the Shebait, and although a deity is a juridical person capable of holding property, it is only in an ideal sense that property is so held. The possession and management of the property with the right to sue in respect thereof are, in the normal course, vested in the Shebait, but where, however, the Shebait is negligent or where the Shebait himself is the guilty party against whom the deity needs relief it is open to the worshippers or other persons interested in the religious endowment to file suits for the protection of the trust properties. It is open, in such a case to the deity to file a suit through some person as next friend for recovery of possession of the property improperly alienated or for other relief. Such a next friend may be a person who is a worshipper of the deity or as a prospective Shebait is legally interested in the endowment. In a case where the 5032 Shebait has denied the right of the deity to the dedicated properties, it is obviously desirable that the deity should file the suit through a disinterested next friend, nominated by the court. The principle is clearly stated in Pramath Nath v. Pradymma Kumar, ILR 52 Cal. 809. That was a suit between contending Shebaits about the location of the deity, and the Judicial Committee held that the will of the idol on that question must be respect, and inasmuch as the idol was not represented otherwise than by Shebaits, it ought to appear through a disinterested next friend appointed by the Court. In the present case no such action was taken by the District Court in O.P. no. 3 of 1950 and as there was no representation of the deity in that judicial proceeding it is manifest that the compromise decree cannot be binding upon the deity. It was also contended by Mr. P. Rama Reddy on behalf of respondent no. 1 that the compromise decree was beyond was beyond the scope of the proceedings in O.P. no. 3 of 1950 and was, therefore, invalid. In our opinion, this argument is well-founded and must prevail. The proceeding was brought under s. 84(2) of the old Act (Act II of 1927) for setting aside the order of the Board dated October 5, 1949 declaring the temple of Sri Kodandaramaswami as a temple defined in S. 6, clause 17 of the Act and for a declaration that the temple was a private temple. After the passing of the new Act, namely Madras Act 19 of 1951, there was an amendment of the original petition and the amended petition included a prayer for a further declaration that the properties in dispute are the personal properties of the petitioner's 5033 family and not the properties of the temple. Such a declaration was outside the purview of S. 84(2) of Madras Act II of 1927 and could not have been granted. We are, therefore, of the opinion that the contention of respondent no. 1 is correct and that he is entitled to a declaratory decree that the compromise decree in O.P. no. 3 of 1950 was not valid and was not binding upon Sri Kodandaramaswami temple."
4478. No authority is cited by learned counsels to persuade us to take a different view. The suit in question cannot be held barred by Section 34 of Act 1963. The issue 18 (Suit-5) is accordingly answered in negative, i.e., against the defendants no. 3, 4 and 5.
4479. (N) Others, if any:
4480. The discussions and the evidences, which we have already considered in respect to the above issues on the question of juridical person, next friend, limitation, possession/adverse possession and relating to characteristics of Mosque and Wakf, etc. there are some other issues which are mostly covered by the findings already recorded above and, hence, the same may also be dealt with hereat.
4481. Issue No. 2 (Suit-3):
"Does the property in suit belong to the plaintiff no.1?"
4482. As is evident, the property in suit for the purpose of Suit-3 is the premises within the inner courtyard. The plaintiff, though claimed to be the owner thereof and its counsel has also made a statement to this effect under Order X Rule 2 C.P.C., but not even a single document has been placed on record to show 5034 the title. Faced with this situation, the plaintiff sought to claim acquisition of title by way of adverse possession against the Muslim parties. This claim we have already negatived above. We answer this issue in negative, i.e., against the plaintiff. 4483. Issue No. 4 (Suit-3) reads as under:
"Are plaintiffs entitled to get management and charge of the said temple?"
4484. The plaintiff claim handing over of charge of the property in suit and the disputed structure to it instead of the Receiver. The basis of the claim is that the property in suit was all through a temple even before 1528 and has always been managed, possessed and owned by the plaintiff. It has however miserably failed to prove this fact. This aspect we have already discussed in detail while considering the issues relating to limitation and possession/adverse possession etc. We have also held that the idols were kept under the central dome inside the inner courtyard in the night of 22nd/23rd December, 1949. The plaintiffs having disputed this incident being a factitious and fabricated story, the question of their treating as Shebait in respect of the idols placed under the central dome on 22nd/23rd December, 1949 does not arise since according to their own pleadings, they have not admitted any where of taking care of the deity in the inner courtyard under the central dome of the disputed structure. Issue No. 4 (Suit-3), therefore, is answered in negative, i.e., against the plaintiffs. 4485. Issue No. 14 (Suit-3):
"Is the suit not maintainable as framed?"
4486. This issue has arisen for the reason that the property in dispute was attached and handed over to the Receiver 5035 pursuant to a statutory order passed by the Magistrate under Section 145 Cr.P.C. on 29.12.1949. If the plaintiff (Suit-3) had any grievance, it could have filed objection before the Magistrate inasmuch order of attachment was a preliminary order and was subject to the final order under Section 145(2) Cr.P.C., but no such objection appears to have been filed by the plaintiff (Suit-3) before the Magistrate. The plaintiffs did not seek any declaration about its title or status and without determining the same, the Civil Judge could not have directed handing over charge from the Receiver to the plaintiff. It is for this reason, in our view, Suit-3 is not maintainable. The issue is answered accordingly.
4487. Issue No. 19 (a) (Suit-4):
"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 visited by devotees for purposes of worship? If so, whether the property in dispute continued to vest in the said Deities?"
4488. In view of our findings recorded in respect to Issue No. 1 (Suit-5), holding that the place can be a 'deity' and also in view of our finding recorded in respect to the issues relating to possession/adverse possession that the Hindus, believing the place in dispute as birthplace of Lord Rama, had been continuously vising it for the purpose of worship, it is evident that the status of place as deity had continued. We have already held that a deity is not damaged or comes to end due to destruction in any manner, since the spirit of Supreme Being 5036 continue to exist and it will not disappear, particularly when the deity is Swayambhu, i.e. self created. The property in dispute, therefore, has a dual character. Firstly, being birthplace of Lord Rama, as per the beliefs of Hindus, it is a Swyambhu deity and would continue so long as the place continue, but then, being an immovable property, it also has its nature as property. The question of owning the property is different than the status. On this aspect, we have to examine the relevant area. The area of fort of Lord Rama is said to be quite bigger. It is claimed to have several mansions (eight mansions), besides other kinds of structures. In various evidences, which we have already discussed, it is mentioned that the disputed structure was constructed on some part of the area covered by the Fort of Lord Rama. The suit was filed by the plaintiffs (Suit-5) in 1989 claiming a much larger area. During the course of arguments, we inquired from the learned counsel for plaintiffs (Suit-5), Sri M.M. Pandey, as to what is his concept of place of birth. Whether he considered the area constituting deity equal to a small room or to a small house or a bigger house or the entire locality, city, province or country, as the case may be. Despite of our repeated query, learned counsel could not tell us as to what is his the concept of place of birth for the purpose of this case. Various religious literature, which have been placed before us, show that Ayodhya is believed to be the place of birth of Lord Rama. It did not specify any particular area or a particular place in Ayodhya. We have held that a place can be a deity and a Swyambhu deity. It is quite possible that the entire city may be held to be very pious and sacred on account of some occurrence of divinity or religious spirituality. It may happen that a small 5037 place may attain such a status. For example, the tree under which Gautam Buddha attained divine knowledge is considered to be extremely sacred and pious place by Buddhist. When Lord Rama born in Ayodhya and must have played and walked throughout thereat, entire the then territory of city of Ayodhya, from the point of view of all Hindu people, must acquire the status of reverence and piety, but then can it be said that such bigger place cannot absorb and accommodate persons having different faith or religion or those worship differently. No doubt true, if such absorption or accommodation has the result of extinguishing the very place of reverence, meaning thereby the very object of faith and belief may vanish, such absorption may not be allowed, but otherwise, in a country like ours, where unity in diversity is its characteristic, the existence of people or other faith, existence of their place of religion at a place, in wider sense as its known, cannot be ruled out and by necessity they will have to exist, live and survive together. There are several cities in India which are considered to be the place of reverence of highest degree like Kashi, Haridwar, Prayag, Ayodhya, Mathura etc. Can it be said in the independent India governed by a written Constitution the existence of or permissibility to establish or to create place of worship of people of different religion will depend upon undefined, unknown and unclassified kind of faith or belief of another section particularly when it is a case of a majority people in respect of a place. Nobody has ever bothered, the people of different religions in these very places of reverence have been residing thereat since time immemorial and have very well established temples of their faith. In all the places which are 5038 known to be major Tirtha places of Hindus, religious places of other religion are well established and there is complete comity and understanding between all the people. They all mutually respect the places of worship of different religions. At Ayodhya also a large number of Mosques are in existence, which have also came in evidence inasmuch some of the witnesses have estimated the number of Mosques in Ayodhya from 50 to 80. Even in the building in dispute, though the structure was raised as a Mosque known and called a Mosque, yet Hindus continued to visit it and worship thereat on account of their cemented faith and belief which could not be withered due to construction of such building. Simultaneously, Muslims also visited the premises, as we have already noticed, may be occasionally but the fact remains that they visited the premises and offered Namaz. This system and arrangement without any dispute had continued for almost hundred years as evident which we could get and notice above. There do not appear to be any grievance raised by any Hindu that the Muslims cannot visit the premises in dispute, i.e. inner courtyard and offer worship though against the visit of Hindus in the same premises several complaints were made from 1858 and onwards by Muslims, which are part of record.
4489. It has been pleaded and some religious texts have also been placed before us to show that in a place of worship Parikrama is an integral part and, therefore, in every temple around the deity a passage is always made to enable the worshippers to have a Parikrama of deity. In the building in dispute passage for Parikrama was available. It was, therefore, suggested that this Parikrama passage itself suggested that the 5039 building in dispute was not a mosque but the temple. Simultaneously it is also admitted that there are four kinds of Parikrama which the people normally observe at Ayodhya. One is the Parikrama in a particular place of worship for example in the disputed building where the Hindu people believe that Lord Rama was born. The other three kinds of Parikrama are known as "Panchkosi Parikrama", "Chaudahkosi Parikrama" and "Chaurasikosi Parikrama". We may extract statements of some of the witnesses just to illustrate these three later kinds of Parikrama.
(a) DW3/3, Sri Satya Narayan Tripathi ^^fookfnr ifjlj ds ckgj pkjksa vksj ifjdzek ekxZ Fkk ftl ij yksx ifjdzek djrs FksA eSaus Hkh ogkWa ifjdzek fd;k gSA** ¼ist 14½ "There was circumambulation path around all the sides of the disputed premises, around which people used to perform the circumambulation. I have also performed circumambulation over there."(E.T.C.)
(b) D.W. 3/4 Mahant Shiv Sharan Das ^^eSaus ogkWa iapdkslh vkSj pkSngdkslh ifjdzek Hkh dh gSA iapdkslh ifjdzek {ks= ds vUrjxr Jh v;ks/;k th vkSj lj;w ds gh fdukjs&fdukjs pyrs&pyrs jke xqysyk vkSj cgqr ls LFkku] tks lUrks us ogkWa cuk j[ks gS vkSj Hkxoku dks ogkWa j[kdj iwtk djrs gSa] vkrs gSaA pkSngdkslh ifjdzek ds vUrjxr xqIrkj?kkV vkrk gS blds vfrfjDr pkSngdkslh ifjdzek ds vUrjxr jke?kkV vkSj cgqr lh ,slh txgsa gSa ftuds uke eSa ugha tkurk gwWa] ijUrq gSa os vo/k {ks= esa ghA QStkckn 'kgj dk dkQh Hkkx pkSngdkslh ifjdzek {ks= ds vUrjxr vkrk gSA bu nksuksa ifjdzekvksa vFkkZr pkSngdkslh ifjdzek vkSj iapdkslh ifjdzek dk fo'ks"k egRo v{k; uoeh dks gksrk gSA** ¼ist 24&25½ "I have also performed 'Panchkosi' and 'Chaudahkosi' circumambulation over there. The 5040 'Panchkosi' circumambulation region includes Sri Ayodhya Ji, Ram Gulela and many other places along the banks of Saryu, which have been set up over there by saints and who perform worship of deity installed over there. The Guptar ghat falls under the 'Chaudahkosi' circumambulation. Besides this, under the 'Chaudahkosi' circumambulation are the Ram ghat and many other places, whose names I do not know but they are in the Awadh area. A major part of Faizabad district falls under the 'Chaudahkosi' circumambulation area. Both these circumambulations i.e. the 'Chaudahkosi' circumambulation and the 'Panchkosi' circumambulation, have special importance on Akshay Navmi."(E.T.C.) ^^ifjdzek ds le; gtkjksa yk[kksa yksx iwjs ns'kHkj ls o fons'kksa ls Hkh vkrs gSaA ;s yksx jkeyyk th ds n'kZu djus o ifjdzek djus vkrs gSaA lcls igys ;s yksx lj;w th esa Luku djrs gSa] fQj jketUe Hkwfe ds n'kZu djrs gSa] mlds ckn ifjdzek djrs gSaA ifjdzek ds le; iwjh v;ks/;k] mlds vkl&ikl ds xkWao o QStkckn Hkh jke e; gks tkrk gSA** ¼ist 26½ "Thousands-lakhs of people from the entire country and abroad as well, come over on the occasion of circumambulation. These people come over to have Darshan and perform circumambulation of Ramlala Ji. First of all these people bathe in the Saryu and then have Darshan of Ramjanmbhumi, thereafter perform circumambulation. At time of the circumambulation, the entire Ayodhya, its adjoining villages and Faizabad also are gripped in the fervor of Lord Rama. "(E.T.C.)
(c) D.W. 3/13 Mahant Ram Subhag Das Shastri ^^v;ks/;k esa pkj izdkj dh ifjdzek gksrh gS mlesa igyh ifjdzek 5041 eafnj dh gksrh gS] tks efUnj ds vUnj&vUnj gksrh gS] nwljh ifjdzek iapdkslh ifjdzek gksrh gS] rhljh ifjdzek pkSngdkslh ifjdzek gksrh gS] pkSFkh ifjdzek 84 dksl dh gksrh gS] tks 24 fnu esa iw.kZ gksrh gSA** ¼ist 14½ "Four kinds of circumambulations are performed in Ayodhya. Out of them, the first circumambulation is of the temple, which is performed in the inside of the temple. The second circumambulation is the 'Panchkosi' circumambulation, the third is the 'Chaudahkosi' circumambulation. The fourth circumambulation is of 84 'Kose', which is completed in 24 days."(E.T.C.)
(d) D.W 3/14 Jagadguru Ramanandacharya Swami Haryacharya ^^eSaus 14 dkslh rFkk iapdkslh ifjdzek,a Hkh dh gSaA jketUeHkwfe dh ifjdzek eSaus dbZ ckj fd;k gSA pkSngdkslh ifjdzek ds vUrjxr tudkSjk] xkS'kkyk efUnj] xq:dqy] dbZ xzke vkrs gSaA 'khry vejkbZ Hkh vkrh gSA eSaus 84 dkslh ifjdzek v;ks/;k dh fd;k gSA blesa dbZ {ks= vkrs gSaA xks.Mk tuin fLFkr tenfXu vkJe bl ifjdzek ds nkSjku iM+rk gSA** ¼ist 22&23½ "I have also performed the 14 'kosi' and 'Panchkosi' circumambulations. I have performed circumambulation of Ramjanambhumi on many occasion. Jankaura, Gaushala temple, Gurukul and many villages fall under the 'Chaudahkosi' circumambulation. I have performed 84 'Kosi' circumambulation of Ayodhya. Many areas fall under it. The Gonda district situated Jamadgini Ashram falls during this circumambulation." (E.T.C.) ^^egkjktk n'kjFk ds jktegy dk {ks=Qy tSlk fd ckYehdh jkek;.k esa mfYyf[kr gS] v;ks/;k ds ikWap&dksl ds vUrxZr fLFkr gSA Lo;a dgk fd ;g ikWap dksl iapdkslh ifjdzek ds vUrjxr gS] n'kjFk ds 5042 jktegy dh gh ifjdzek gksrh gSA tgkW ls iapdkslh ifjdzek 'kq: gksrh gS] ogkWa ls egjktk n'kjFk dk jktegy 'kq: gksrk Fkk rFkk tgkW ij iapdkslh ifjdzek lekIr gksrh gS ogkWa ij lekIr gksrk FkkA bl le; iapdkslh ifjdzek dbZ LFkkuksa ls 'kq: gksrh gS dksbZ _.kekspu ?kkV ls] dksbZ >qedh ?kkV ls] dksbZ jkt?kkV ls] dksbZ u;k?kkV ls 'kq: djrk gSA ifjdzek ds ihNs tks yksx cls gq, gSa] os yksx ifjdzek rilhth dh Nkouh ds ikl ls gh 'kq: djrs gSaA ftu ?kkVksa ls ifjdzek 'kq: dh tkrh gS] mUgha ?kkVksa ij ifjdzek lekIr Hkh gksrh gS rFkk yksx ifjdzek lekIr djus ds ckn lj;w esa Luku djrs gSaA og lHkh ?kkV tgkWa ls ifjdzek 'kq:
djus ds ckjs esa crk;k gS] og lHkh lj;w ds fdukjs fLFkr gSaA lj;w v;ks/;k ds mRrj rjQ fLFkr gS bl ifjdzek esa nf{k.k rjQ bl le; ds 'khryvejkbZ ls ysdj yksx ?kwers gSaA ;g 'khry vejkbZ uked LFkku v;ks/;k esa gSA ;g 'khry vejkbZ dk LFkku fookfnr LFky ls nks&<kbZ fdyksehVj dh nwjh ij gksxkA** ¼ist 64½ "The area of the palace of King Dashrath, as mentioned in Valmiki Ramayana, extends over five-six 'kose' in Ayodhya. Stated on his own that this five 'kose' falls under the 'Panchkosi' circumambulation, the circumambulation is performed of the palace of King Dashrath. The palace of King Dashrath begins from the same place, from where the 'Panchkosi' circumambulation starts, and it ends where the 'Panchkosi' circumambulation concludes. At present, 'Panchkosi' circumambulation starts from many places, some from Rinmochan ghat, some from Jhumki ghat, some from Rajghat and some from Nayaghat. The people residing in back of the circumambulation (path), start the circumambulation from near the 'Tapsiji ki Chavani'. The circumambulation concludes at the same ghat from where it starts and after concluding the circumambulation, people bathe in the Saryu. All these 5043 ghats, from where the circumambulation is stated to start, are situated along the banks of Saryu. Saryu is situated in north of Ayodhya. At present, people pass through Shitalamrai in south. This place called Shital Amrai is in Ayodhya. This place Shital Amrai, would be about 2-2½ kilometers away from the disputed site. "(E.T.C.) ^^bl le; tks 84 dkslh ifjdzek dh tkrh gS] og orZeku le;
ds v;ks/;k dks gh ifjekfir djrh gSA ;g ifjdzek mRrj rjQ tenfXu dq.M ls tks xks.Mk tuin esa gS 'kq: gksrh gS] tgkWa ij jktk n'kjFk dh xkS'kkyk FkhA** ¼ist 66½ "The 84 'Kosi' circumambulation performed these days, measures the Ayodhya of today. This circumambulation begins in north from the Jamadgini Kund, which is in Gonda district, where the cattle shed of King Dashrath existed."(E.T.C.)
(e) D.W.3/17 Sri Mata Badal Tiwari ^^n'kZu djus ds ckn ifjdzek dh tkrh Fkh eSa pkSng dkslh ifjdzek ds ckn iapdkslh ifjdzek djrk FkkA iapdkslh ifjdzek ,dkn'kh dh frfFk dks gksrh gSA pkSngdkslh ifjdzek djus esa yxHkx iwjk fnu yx tkrk gSA pkSngdkslh ifjdzek djus esa iwjh v;ks/;k iM+ tkrh gSA ifjdzek ds vUrjxr guqekux<+h eafnj Hkh vk tkrk gSA dud Hkou rFkk lqfe=k Hkou Hkh ifjdzek ds vanj vk tkrk gSA ef.kjke Nkouh Hkh blds vUnj vk tkrh gSA** ¼ist 6½ "The circumambulation was performed after having Darshan. I used to perform the 'Panchkosi' (of five kose, one kose being equal to two miles) circumambulation after the 'Chaudahkosi' (of fourteen kose) circumambulation. The 'Panchkosi' circumambulation is performed on 'Ekadashi' (eleventh day of lunar month). It took almost full day in completing the 'Chaudahkosi' circumambulation.
5044The entire Ayodhya is covered in performing the 'Chaudahkosi' circumambulation. The Hanumangarhi temple also falls within the circumambulation. The Kanak Bhawan and Sumitra Bhawaan are also covered in the circumambulation. The Maniram Chavani also falls within it."(E.T.C.) ^^jketUeHkwfe ifjlj esa eSa pcwrjs dh gh ifjdzek djrk Fkk ;g pcwrjk jke pcwrjk FkkA** ¼ist 12½ "In the Ramjanmbhumi premises, I used to perform circumambulation of only the Chabutra. This Chabutra was the Ram Chabutra."(E.T.C.) 4490. If we believe what has been submitted by learned counsel for the Hindu parties to be correct that Parikrama is an integral part of worship of the deity and if this Parikrama passage is available in a place it should be treated in a temple, very interesting result may arrive in respect to these three kinds of large Parikrama. The area covered by Panchkosi Parikrama includes several localities of Ayodhya wherein number of muslim residences as well as their religious places are also covered. Similarly, Chaudahkosi Parikrama not only covered Ayodhya but some part of Faizabad also and there also similar result would arrive. Chaurasikosi Parikrama obviously goes much much beyond that. Can it be said that all the persons residing and the religious places of other religions constitute part and parcel of such a wider concept of temple. This is neither the intention nor can be accepted. When a person believe in respect to a place that it has divine power, Supreme Being exist thereat which may bless happiness, salvation etc. to the worshipper that does mean that this place of worship has to be 5045 identified in narrowest possible area. For example at Gangotri if one goes it is the particular temple or just above it the Gomukh which is considered sacred and not the entire area where the people also reside and do other daily activities. In the case of place in dispute also, unless we ascertain the exact place in respect whereof the belief of such a large Hindu people is continuing by tradition and custom from generations to generation, it cannot allow us to be guided with such kind of arguments which goes much beyond the belief but in the realm of the procedure of worship which is absolutely different. The core belief in the matter of religion which is essential is something different then what is incidental or ancillary. It is the former which is protected by Article 25 of the Constitution. 4491. In view of the above, to suggest that the entire property in dispute shall vest in the deity without there being any specificity regarding the area would neither be just nor rational. Many of the witnesses appearing on behalf of the plaintiff (Suit-5) as well as plaintiff (Suit-3) and other Hindu parties have averred that according to their faith, the place where the idols are kept, i.e., the area under the central dome of the disputed structure in inner courtyard is the place of birth of Lord Rama. If that be so, it may not be said that the entire property in the inner courtyard would vest in the deity. On this aspect we have already dealt with in detail while considering the issues relating to the place of birth of Lord Rama, i.e., the issues no. 11 (Suit-4), 1 (Suit-1) and 22 (Suit-5). 4492. So far as the property in the outer courtyard is concerned, we have already said that there existed several Hindu structures and the Hindu people used to visit thereat regularly 5046 without there being any intervention or interruption by the Muslim people at least for the last more than 90 years till the date of attachment, i.e., since 1856-57. The Hindu religious structures like Sita Rasoi, Ram Chabutara etc. are claimed to be managed by Nirmohi Akhara, plaintiff (Suit-3). Though they have also stated that this is the place of birth of Lord Rama but those temples in outer courtyard, are being managed by them since the last several decades.
4493. The place of birth as we have already held, therefore, would continue to vest in the deity and in view of the fact that deity is indestructible and imperishable, even the construction of the building in dispute would make no impact on its sacredness and otherwise. So far as the religious structure within the outer courtyard are concerned, they cannot be said to be vested in the deity, (plaintiffs 1 and 2) for the reason that they are the temples claim to be possessed and managed by Nirmohi Akhara defendant no. 3, and its status having claimed as Shebait. This status of Nirmohi Akhara qua the religious structures of Hindus existing in the outer courtyard have not been controverted by anyone. Even OPW 1, the witness deposed on behalf of plaintiff (Suit-5) has also supported this case of Nirmohi Akhara.
4494. So far as the continuous visit of devotees concerned, we have already discussed this issue and held that despite of construction of disputed structure, Hindus continued to visit and worship the place which they believe to be the place of birth of Lord Rama. Simultaneously, in the same premises, muslims also offered their worship as we have already discussed in detail above.
50474495. We, therefore, hold that so far as the premises which constitute the place of birth of Lord Rama, continue to vest in the deities, but so far as the Hindu religious structures existing in the outer courtyard are concerned, the same cannot be said to be the property of the plaintiffs (Suit-5), i.e., the deity of Bhagwan Sri Ram Virajman and Sthan Sri Ram Janambhumi as claimed by the defendant no. 13. Issue No. 19 (a) (Suit-4) is answered accordingly.
4496. Issue No. 4 (Suit-5):
"Whether the idol 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?"
4497. We have already held while deciding Issues No 12 (Suit-4) and 3 (a) (Suit-5) that the idols under the central dome in the inner courtyard were placed in the night of 22nd/23rd, December, 1949 and since then are continuing as such in view of interim injunction granted by the Civil Court on 16.1.1950 and the subsequent stay orders of this Court as well as the Apex Court. In view thereof, no doubt that prior to 6th December, 1992, the idols were there but it cannot be said that the same remained there from time immemorial. Besides, this issue is in the context of the para 44 of additional written statement of defendant no. 3 which reads as under:
"That attachment made in the 1949 is only in respect of main building of Garbh Grahya Carrying three "Shikar ¼f'k[kj½ where in the deity of Bhagwan Sri Ram Chanraji is installed by Nirmohi Akhara from time beyond the human memory and are since then is management and possession 5048 of it till the said property attached. Therefore, plaintiff 3 can not claim any right to represent him."
4498. The pleading, however, do not talk of 6th December, 1992. On the contrary, it says when the attachment was made in 1949, at that time idols were installed in the main building much before and beyond the human memory, which we have already negatived. Hence, Issue No. 4 (Suit-5) is answered in negative, as the idols in question did remain under the Sikhar prior to 6th December, 1992, but not from time immemorial and, instead, were kept thereat in the night of 22nd/23rd December, 1949. 4499. Issue No.15 (Suit-5):
"Whether the disputed structure claimed to be Babri Masjid was always used by the Muslims only regularly for offering Namaz ever since its alleged construction in 1528 A.D. to 22nd December 1949 as alleged by the defendants 4 and 5? 4500. This issue has been framed assuming that the disputed structure was constructed in 1528 AD by Babar or his agent. This aspect we have already discussed in detail while considering issues no. 6 (Suit-1), 5 (Suit-3) and 1(a) (Suit-4). We have already answered that the concerned parties have miserably failed to prove that it was so constructed in 1528 AD by Babar or any of his agent. That being so, the question of offering Namaj in the disputed structure since 1528 AD does not arise at all. With respect to the question as to whether Namaj was ever offered in the building in dispute we find that this aspect has also been discussed and answered in issues no. 15 (Suit-4), 1-B(c) (Suit-4) and 2 (Suit-4) wherein it has been held that the evidence which we have on record shows that atleast from 1860 and onwards Namaj has been offered in the building 5049 in dispute in the inner courtyard and the last Namaj was offered on 16th December, 1949. Accordingly issue 15 (Suit-5) is answered. We observe that though it is not proved that Namaj was offered in the building in dispute since 1528 AD, simultaneously it is also not proved that any Namaj was offered in the building in dispute after 16th December, 1949. However, we hold that between 1860 and up to 16th December, 1949 if not regularly, occasionally, intermittently Friday prayers, i.e., Jumma Namaj was offered in the disputed structure which was commonly known as Babri Masjid.
4501. Issue No.20(b)(Suit-4):
"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?"
4502. It has been stated by several witnesses deposing on behalf of plaintiffs (Suit-4) that one Javvad Hussain was Mutwalli of the building in dispute in 1949 when the property in dispute was attached. Certain documents filed as Exhibit A 55 (Suit-1) (Register 8, page 503); Exhibit A 57 (Suit-1) (Register 8, page 507); and, Exhibit A 59 (Suit-1) (Register 8, page 511) as well as the report of Waqf Inspector dated 10th December, 1949 and 23rd December, 1949 also show that Javvad Hussain represented himself as Mutwalli of the building and the Inspector of Waqf requested Sunni Board to treat him and continue as Mutawalli of the waqf.
4503. Nothing to contradict the above has been placed on record. We need not to doubt the above stand of the plaintiffs (Suit-4) on this aspect but it is really surprising, had he been 5050 Mutawalli of the building in dispute, responsible for its proper management etc. yet at no point of time he took any step for protection of the building in dispute or to contest the cases in the Court in respect to said property. Not only this, but also the so called Imam, named Abdul Gaffar, as also one Ismail, Moazzim are also missing and they have also failed to take any step. Not even a complaint was filed by anyone of them, if anything wrong was done in the night of 22/23rd December, 1949 preventing them from discharging their duties as also preventing Muslims from offering Namaz in the building in dispute. It appears to us that Javvad Hussain was not a properly appointed Mutwalli of the building in dispute but he simply enjoyed the grant of village Bahoranpur and Sholapur and used to call him as "Nambardar" thereof. In order to justify the amount of revenue he used to realize from the said grant, on papers, he had shown the income and expenditures also but as a matter of fact, did not take care of the building in dispute. 4504. Be that as it may, in the absence of any other claimant and also in the absence of any procedure with respect to appointment of Mutwalli, person who ought to have managed the building in dispute, may be on account of the grant of the two villages, can be treated to be a de facto mutwalli. The Management being responsibility of a Mutwalli, the possession of the waqf can also be claimed by him since a worshiper is not entitled for the possession of a waqf property though he may be allowed to file a suit for protection of the property of waqf but possession of such waqf cannot be granted to such worshiper. 4505. In the result we answer Issue No.20(b) (Suit-4) holding that at the time of attachment of the building or when 5051 the suit in question was filed, Javvad Hussain was Mutawalli but in his absence or any other Mutawalli succeeding him, relief of possession cannot be allowed to the plaintiffs (Suit-4) who have come before this Court in the capacity of worshipers and not the person who can claim possession of waqf i.e. a Mutawalli. 4506. Issue No. 7 (Suit-5):
"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?"
4507. Basically the objection relates to non service of notice under Section 80 CPC to the State Government. No such objection has been raised by the State Government or its authorities though they are impleaded as defendants no. 7, 8 and 9 to the Suit. Even a written statement has not been filed on behalf of the State Government or its officers. We have already held while considering issue no.10 (Suit-3), that objection regarding notice under Section 80 CPC cannot be taken by a private defendant, if no such objection has been raised and pressed by the State authorities. In view of our discussion and findings recorded in respect to issue no. 10 (Suit-3), we hold that the objection under para 49 of the additional written statement of defendant no. 3 is of no consequence. 4508. Coming to the first part of the issue that the defendant no. 3 alone is entitled to represent plaintiffs 1 and 2 in the absence of any material to show that the defendant no. 3 was in possession of the property within the inner courtyard and looking after and managing the affairs as Shebait, no such right can be claimed by the defendant no. 3. On this aspect the case of 5052 defendant no. 3, i.e., Nirmohi Akhara has already been considered by us while discussing the issues relating to adverse possession. For the reasons thereof and as discussed, issue 7 (Suit-5) in its entirety is answered in negative. 4509. `Issues No. 10 and 11 (Suit-5):
"Whether the disputed structure could be treated to be a mosque on the allegations contained in paragraph 24 of the plaint?"
"Whether on the averments made in paragraph 25 of the plaint, no valid waqf was created in respect of the structure in dispute to constitute it as a mosque?"
4510. These issues are founded on the averments contained in paras 24 and 25 of the plaint which read as under:
"24. That such a structure raised by the force of arms on land belonging to the Plaintiff Deities, after destroying the ancient Temple situate thereat, with its materials including the Kasauti pillars with figures of Hindu gods carved thereon, could not be a mosque and did not become one in spite of the attempts to treat it as a mosque during the British rule after the annexation of Avadh. Some salient points with regard thereto are noted. Below. (A) According to the Koran, Allah spoke to the Prophet thus-
"And fight for the religion of GOD against those who fight against you; but transgress not by attacking them first, for GOD loveth not the trangressers. And kill them wherever ye find them; and turn them out of that whereof they have dispossessed you; for temptation to idolatory is more grievous than slaughter. Yet fight not against them in the 5053 holy temple, until they attack you therein;..... (B) According to all the Muslim authorities and precedents and the decided cases also, ALLAH never accepts a dedication of property which does not belong to the Waqif that is, the person who purports to dedicate property to ALLAH for purposes recognised as pious or charitable, as waqf under the Muslim law. By his acts of trespass and violence for raising a mosque on the site of the Temple after destroying it by force, Mir Baqi committed a highly un-Islamic act. His attempt to convert the Temple into a mosque did not, therefore, create a valid dedication of property to ALLAH, whether in fact or in law, and it never became a mosque.
(C) That inspite of all that Mir Baqi tried to do with the Temple, the land always continued to vest in the Plaintiff Deities, and they never surrendered their possession over it. Their possession continued in fact and in law. The ASTHAN never went out of the possession of the Deity and HIS worshippers. They continued to worship HIM through such symbols as the CHARAN and SITA RASOI, and the idol of BHAGWAN SRI RAMA LALA VIRAJMAN on the Chabutra, called the Rama Chabutra, within the enclosed courtyard of the building directly in front of the arched opening of its Southern dome. No one could enter the building except after passing through these places of Hindu worship. According to the Muslim religion and law there can be no Idol worship within the courtyard of a mosque, and the passage to a mosque must be free and unobstructed and open at all times to the 'Faithful'. It can never be 5054 through a Hindu place of worship. There can be no co-
sharing of title or possession with ALLAH in the case of a mosque. His possession must be exclusive. (D) A mosque must be built in a place of peace and quiet, but near to a place where there is a sizeable Muslim population, according to the tenets of Islam, and as insisted upon by it, a mosque cannot be built in a place which is surrounded on all sides by Temples, where the sound of music or conch shells or Ghanta Ghariyals must always disturb the peace and quiet of the place. (E) A mosque must have a minaret for calling the Azan. According to Baillie. "When an assembly of worshippers pray in a masjid with permission, that is delivery. But it is a condition that the prayers be with izan. Or the regular call, and be public not private, for though there should be an assembly yet if it is without izan. And the prayers are private instead of public, the place is no masjid. Accouding to the two disciples." (Pt. I. BK.IX, ch. VII Sec. I,p. 605) Indeed, there has been no mosque without a minaret after the first half century from the Flight. (See-P.R. Ganapathi Iyer's Law relating to Hindu and Mahomedan Endowments, 2 nd Edition, 1918. Chap. XVII, P. 388.) (F) According to the claim laid by the Muslims in their suit No. 12 of 1961, the building is surrounded on all sides by grave-yard known as 'Ganj Shahidan'. There is a mention in the Fyzabad Gazetteer also, quoted hereinabove, of the burial of 75 Muslims at the gate of the Janmasthan, and the place being known as Ganj Shahidan. After the battle of 1855. Although there are no graves 5055 anywhere near the building at Sri Rama Janma Bhumi, or in its precincts, or the area appurtenant thereto, for the last more than 50 years, if the building was surrounded by a grave-yard during the British times soon after the annexation of Avadh by them, the building could not be a mosque, and could not be used as a mosque, for the offering of prayers, except the funeral prayers on the death of a person buried therein, is prohibited in a grave-yard according to the Muslim authorities.
(G) As already stated, there is no arrangement for storage of water for Vazoo and there are the Kasauti pillars with the figures of Hindu Gods and Godesses inscribed thereon in the building.
25. That the worship of the Plaintiff Deities has continued since ever throughout the ages at Sri Rama Janma Bhumi. 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. ALLAH, as conceived by the Muslims, never got any title or possession over the premises or any part of them. Nor has there ever been any person, living or juridical, who might have put forward any claim to ownership of the property or any part of it. Occasional acts of trespass or attempts to get into possession by the muslims were successfully resisted and repulsed by the Hindus from time to time, and there was no blemish or dent in the continuity of title and possession of the Plaintiff Deities. No title could or did vest in ALLAH over any part of Sri Rama Janma Bhumi by adverse 5056 possession or in any other manner. Neither ALLAH nor any person on his behalf had any possession over any part of the premises at any time what-soever, not to speak of any adverse possession."
4511. We have discussed similar issues in the category of those relating to characteristics of mosque, dedication, valid waqf etc. In the light of the findings recorded therein we answer issues 10 and 11 (Suit-5) in affirmative. 4512. Issue No. 19 (Suit-5):
"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?"
4513. This issue emanate from the pleading of para 43 of the additional written statement of defendant no. 3 which reads as under:
"Para 43: That outer portion consisting of Bhagwan Ram Lala on Sri Ram Chabutara alongwith other deities, Chathi Pujan Sthan and Bhandar with eastern outer wall carrying engraved image of Varah Bhagwan with southern and northern wall and also western portion of all carries the present municipal no. 10/12/29 old 506, 507 and older 647 of Ram Kot ward of Ayodhya City had been a continuous referred in main litigation since 1885 till Reg. Suit no. 239/82 of the Court of Civil Judge Faizabad and in every case Nirmohi Akhara was held always in possession and management of this temple so the Bhagwan Ram Lalaji installed by Nirmohi Akhara on this Ram Chabutara is a distinct legal entity owned by def. no. 3. That suit is bad for want of impleadment of necessary party as mentioned 5057 above."
4514. What defendants no. 3 is that Bhagwan Ram Lala installed on Ram Chabutara in the outer courtyard, though was in possession and management of Nirmohi Akhara, but being a distinct legal entity, ought to have been impleaded separately and in the absence thereof the suit is bad for want of necessary party.
4515. The submission is thoroughly misconceived. Once Nirmohi Akhara admits that the deity at Ram Chabutara is managed by Nirmohi Akhara which is a Math, a legal entity, it stands in the position of Shebait to the said deity and in such a case it has well been held that right to sue or be sued vests in Shebait [See, Bishwanath Vs. Sri Thakur Radha Ballabhji (supra) and Jagadindra Nath Vs. Hemanta Kumari (supra)]. 4516. We, therefore, find no substance in the above submission. Issue 19 (Suit-5) is answered in negative. 4517. Issue No. 25 (Suit-5):
"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?"
4518. Suit No. 29 of 1945 was an inter se dispute between the Shia Central Waqf Board and Sunni Central Waqf Board in respect to the property in dispute. Both were claiming it to be a waqf which ought to have been placed within their control. In respect to the suit and the judgment dated 30.03.1946 we have already considered the matter in detail while discussing issue no. 6 (Suit-3).
4519. Admittedly, the plaintiffs of suit in question were not party in the said suit. The judgment, therefore, cannot be 5058 said to be binding upon the plaintiffs. No authority on this question has been placed before us which is binding upon us to take a different view. Issue 25 (Suit-5) is accordingly answered holding that the judgment and decree dated 30.03.1946 in Suit No. 29 of 1945 is not binding upon the plaintiffs (Suit-5). 4520. Issue No. 19(c)(Suit-4):
"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?"
4521. We have already held that there existed a religious place of Non-Islamic character before the construction of the disputed structure. From the travel account of William Finch it is also evident that Hindus were worshipping in the Fort of Lord Rama, as he called it, when he visited Ayodhya between 1608 to 1611 AD. It is not the case of the Muslim parties that in that Fort of Lord Rama, besides the place in dispute, there was any other place known as place of birth of Lord Rama which the people used to worship at that time or thereafter also. The disputed structure, as we have already noticed, came into being after the visit of the William Finch but before the visit of father Joseph Tieffenthaler. He (Tieffenthaler) has also mentioned about the worship at the premises in dispute by Hindus during his visit, and, from the description he has given, we are satisfied that the said worship must have been near the structure itself. The cumulative effect of these facts as also the discussion we have already made in respect of various issues above, leaves no doubt 5059 in our mind that even before the construction of the building in dispute, the place which the Hindus believed the place of birth of Lord Rama, used to be worship. We have also held that according to faith, belief and tradition amongst Hindus it is the area covered under the central dome of the disputed structure which they believe to be the place of birth of Lord Rama and worship thereat continuously. Therefore, in the absence of anything otherwise, it can safely be said that only this was the part of the property in dispute which was used as a place of worship by Hindus immediately prior to the construction of the building in question. To this extent the first part of the issue under consideration is answered in affirmative. 4522. So far as the second part is concerned, we do not find that it has any relevance being as a hypothetical question whether a mosque could have come into existence in view of the Islamic tenets at the place of dispute, at such place Hindus were worshiping earlier, for the reason that, as a matter of fact, a building was constructed as a mosque, centuries back, under the Sovereign's command. After its construction, the locals and the other called and treated it, 'a mosque', it was used later, may be intermittently, as we have already held, for offering namaz by Muslims also. It is a different thing that in the same premises Hindus also continued to visit and worship according to their faith and belief but that would not erode in any manner the factual establishment of a structure as a mosque. Whether a person who made this construction or allowed it at that time, acted in accordance with Islamic tenets or not, cannot allowed to be reviewed on judicial side in a court of law which is a creation of much subsequent period. The subsequent statutes not be 5060 applied to a sovereign function as sole Monarch, at a time when his command was supreme and unchallengeable. In our view it is not open to any party to raise such a dispute, which in effect require a judicial review of something which has been done by a king at a time when there was no codified law. We have no doubt in our mind that our jurisdiction to peep into such an objection cannot be stressed to such an extent. Sri Jain sought to refer Article 13 of the constitution and some other provisions but we find all those reference wholly misconceived and in our view the argument is simply noticed to be rejected. 4523. Issue No. 19 (c), Suit-4 is decided accordingly. 4524. Issue No.3(b), (c) and (d) (Suit-5) read as under:
"(b) Whether the same idol was reinstalled at the same place on a Chabutara under the canopy?
(c) Whether the idols were placed at the disputed site on or after 6.12.1992 in violation of the courts order dated 14.8.1989 and 15.11.91?
(d) If the aforesaid issue is answered in the affirmative, whether the idols so placed still acquire the status of a deity."
4525. After the demolition of the disputed structure, the defendants no. 4 and 5 (Suit-5) filed an additional written statement dated 22nd August, 1995 and in para 3 and 13 thereof pleaded as under:
"3. That the contents of para 35 J of the Amended Plaint are denied as stated and in reply thereto it is submitted that the demolition of the Babri Masjid appeared to be a pre- planned, deliberate and intentional act on the part of the miscreants and criminals who had assembled at the site on 5061 the call of the Vishwa Hindi Parishad, Bajrang Dal and Shiv Sena etc. All the acts of the said so-called Kar Sewaks were totally illegal, unjustified and in violation of the orders of this Hon'ble Court as well as of the Hon'ble Supreme Court and amounted to blatant exercise of the Rule of Jungle and the so called construction of make-shift temple and placing of idols in the same on 7.12.92 was all totally illegal and contemptuous and the said idols could not be described as deity under Hindu Law also."
"13. That the Plaintiffs have no cause of action and specially so when the idols placed in the Mosque surreptitiously in the night of 22nd -23rd December, 1949 have been removed on 6-12-1992. The claim, if any, regarding the said idols stood extinguished on the removal of the said idols."
4526. The submission of Sri Jilani and Sri Siddiqui is that once the Deity is removed from the place where it was consecrated or where it was being worshipped, it ceased to have the status of a deity on removal unless reconsecrated. Therefore, it is contended that plaintiff no.1 ceased to be a 'juristic personality' after its removal on 6th December, 1992, rendering suit not maintainable and liable to be dismissed. Reliance is placed on the authority of "History of Dharmashatra" by P.V. Kane Chapter XXVI, page 904 which reads as under:
"Punah-pratistha :-(Re-consecration of images in temples). The Brahmapurana quoted by the Devapratisthatattva and the Nirnayasindhu says 'when an image is broken into two or is reduced to particles, is burnt, is removed from its pedestal, is insulted, has ceased to be worshipped, is 5062 touched by beasts like donkeys or falls on impure ground or is worshipped with mantras of other deities or is rendered impure by the touch of outcasts and the like-in these ten contingencies, god ceases to indwell therein.' When an image is polluted by (contact with) the blood of a brahmana or by the touch of a corpse or the touch of a patita it should be re-consecrated. If an image is broken in parts or reduced to particles it should be removed according to sastric rules and another should be installed in its place. When an image is broken or stolen a fast should be observed. If images of metal such as of copper are touched by thieves or candalas, they should be purified in the same way in which polluted vessels of those metals are purified and then they should be re-consecrated. If an image properly consecrated has had no worship performed without pre-meditation (i.e. owing to forgetfulness or neglect) for one night or a month or two months or the image is touched by a sudra or a woman in her monthly illness, then the image should have water adhivasa (placing in water) performed on it, and it should be bathed with water from a jar, then with pancagavya, then it should be bathed with pure water from jars to the accompaniment of the hymn to Purusa (Rg. X. 90) repeated 8000 times, 800 times or 28 times, worship should be offered with sandal- wood paste and flowers, naivedya (food) of rice cooked with jaggery should be offered. This is the way in which the re-consecration is effected."
4527. The matter of reconsecration as and when is required and what is a procedure, how it is to be observed, we 5063 have already discussed in detail while dealing with the issues relating to deities, their rights etc. i.e. issues No.12 and 21 (Suit-
4), issues no.1, 2, 3(a), 6 and 21 (Suit-5). The defendant no.3/1 on page 225, 232 of his statement has admitted of removal of deity, as existed under the central dome of the disputed structure upto 6th December, 1992 for a short while and says that the same were restored after a few hours at the same place. To the same effect is the statement of OPW 1-Mahant Paramhans Ram Chandra Das. Nothing has come on record contradicting the said statements of the two witness. Therefore, a very transition and temporary kind of removal is not disputed. The circumstances in which this removal took place is also known to all. A huge mob, in a most abominable manner, caused demolition of the disputed structure against all norms and principles of a civilized society. It is, however, not the case of the defendants that the plaintiffs have any role in this matter. Now, the question is whether such removal, whatsoever were the circumstances, is permissible and secondly; its effect in the light of the answer of the former. 4528. Fortunately, the issue is no more res integra. In Hari Raghunath Vs. Antaji Bhikaji (supra) the Bombay High Court considered this question and held:
"It is not disputed that the existing building is in a ruinous condition and that it may be that for the purpose of effecting the necessary repairs the image may have to be temporarily removed. Still the question is whether the defendant as manager is entitled to remove the image with a view to its installation in another building which is near the existing building. Taking the most liberal view of the powers of the manager, I do not think that as the manager 5064 of a public temple he can do what he claims the power to do, viz., to remove the image from its present position and to instal it in the new building. The image is consecrated in its present position for a number of years and there is the existing temple. To remove the image from that temple and to instal it in another building would be practically putting a new temple in place of the existing temple. Whatever may be the occasions on which the installation of a new image as a substitute for the old may be allowable according to the Hindu law, it is not shown on behalf of the defendant that the ruinous condition of the existing building is a ground for practically removing the image from its present place to a new place permanently. We are not concerned in this suit with the question of the temporary removal which may be necessary when the existing building is repaired."
4529. This decision in Hari Raghunath (supra) has been quoted and approved by a three Judge Bench of the Apex Court in Narayan Bhagwantrao Gosavi Balajiwale Vs. Gopal Vinayak Gosavi (supra) in para 36 and it says:
"The case is an authority for the proposition that the idol cannot be removed permanently to another place, because that would be tantamount to establishing a new temple. However, if the public agreed to a temporary removal, it could be done for a valid reason."
4530. Therefore in a give situation a temporary removal is permissible and that shall not cause any impact upon the authority and status of the deity.
4531. Now coming to the two orders referred to in issue no.3(c) of the Court, we find that this Court on 14th August, 5065 1989 passed the following order on an application filed by the State of U.P. under Section 94 read with Order XXXIX, Rule 1 and 2 C.P.C. which reads:
"This is an application filed by the State of U.P. under Section 94 read with Order 39 Rules 1 and 2 of the Code of Civil Procedure for the grant of injunction:-
(i) Restraining the plaintiffs and defendants from disturbing the status quo and organising any activity which may bring about confrontation between Hindus and Muslims and
(ii) Ensuring that orders passed by the Court are strictly enforced and are not breached.
We have heard Sri S.S.Bhatnagar, learned Advocate General in support of this application. We also heard Sri V.K.S.Chaudhary and Sri Deoki Nandan Agarwal, who submitted in their arguments that the threats expressed by the learned Advocate-General in his application and in his arguments were groundless as no such situation as stated in the affidavit filed in support of the application is in existence or is going to arise as the parties represented by them consisted of law abiding citizens and no breach of peace or any order of the court was intended by them. Sri Abdul Mannan, Counsel appearing for the other side, virtually supported by the application for injunction and narrated the dire consequences if the law is taken to hands by the parties.
In this connection, our attention was drawn to the following order dated 3.2.1986 passed by a learned single Judge of this Court in Civil Misc. Writ No.746 of 1986:-
5066"Until further orders of the Court, the nature of the property in question as existing today shall not be changed."
It was also brought to our notice that another learned single Judge of this Court has passed an order for appointment of receiver for the property in question in F.A.F.O. No.17 of 1977 on 23rd July, 1987.
In view of the order for appointment of receiver and the order dated 3.2.1986 which has become final, we are not inclined to accept that any of the parties will take law to hands and do anything which may culminate in law breaking. However, since in the writ petition, in which the order dated 3.2.1986 was passed, only some of the parties to the present suits were arrayed, we consider it necessary in the interest of justice that a similar order is adopted in each of the injunction applications in the present suits, as a result whereof until further orders of the Court, the parties to suits No.1 of 1989 (Reg. Suit No.2 of 1950), 2 of 1989 (Reg. Suit No.25 of 1950), 3 of 1989 (Reg. Suit No.26 of 1959), 4 of 1989 (Reg. Suit No.12 of 1961) and 5 of 1989 (Reg. Suit No.236 of 1989) shall maintain status quo and shall not change the nature of the property in question.
Sri V.K.S.Chaudhary strenuously contended that in view of the order appointing receiver, there was absolutely no justification for apprehending that the parties are likely to take the law to their hands, but by way of abundant caution, we have made the above order." 4532. A perusal of this order shows that the parties to the suit were directed to maintain status quo, and, that they shall not 5067 change the nature of the property in question. There is no pleading by the defendants (Suit-5) that in demolition of the disputed structure etc., the plaintiffs are responsible or guilty of violation of this Court's order dated 14.08.1989. 4533. So far as order dated 15.11.1991 is concerned, Sri Jilani informed that no such order was passed by this Court but it appears that the Apex Court on some application had passed an order but the same has not been placed before us during the course of argument. Therefore, we are not able to consider and appreciate the same.
4534. In view thereof we answer issues no.3(b) and (d) (Suit-5) in affirmative and issue no.3(c) (Suit-5) in negative. 4535. Issue No.8 (Suit-5) reads as under:
"Is the defendant Nirmohi Akhara the "Shebait" of Bhagwan Sri Ram installed in the disputed structure?"
4536. This issue has to be considered in the light of the pleadings of defendant Nirmohi Akhara. Its case is that since time immemorial the disputed structure was a temple. There was no demolition. No construction of mosque. The idol under the disputed structure also continued since time immemorial. This case of the Nirmohi Akhara has not been found correct. They have failed to prove it. We have already held so. It is not their case that the idols were kept under the central dome of the disputed structure in the night of 22/23 December, 1949 by any member or Mahants or Pujaris of Nirmohi Akhara and after such placing they continued to take care of the idols and it is the Nirmohi Akhara which is responsible for all this. In fact Nirmohi Akhara having taken a totally different stand, denied occurrence of any such incident.
50684537. In these peculiar facts and circumstances and the stand of Nirmohi Akhara, we have no option but to hold that so far as the idols of Bhagwan Sri Ram installed in the disputed structure i.e. within the inner courtyard is concerned, the defendant Nirmohi Akhara cannot said to be Shebait thereof. 4538. Issue No.8 (Suit-5) is accordingly answered against Nirmohi Akhara defendant No.3 (Suit-5). 4539. Issue No.20(a) (Suit-4) "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 Mutawallis were allegedly Shia Mohammedans? If so, its effect?"
4540. This issue has been framed in view of the plea taken by the defendants no.13, 20 and a few others that the building in dispute having been constructed by Mir Baqi, who was a Shia Muslim, the waqf cannot be a Sunni Waqf and therefore, plaintiff no.1 (Suit-4) has no authority to file the suit. We have already answered this question while considering the issue relating to wakf that if a mosque is constructed, under law of Shariat no distinction is made like Sunni mosque or Shia mosque. Every person, who is a worshipper of Islam, as a matter of right, is entitled to enter the mosque and offer Namaz. This aspect has been considered in three Full Bench decisions of this Court in Jangu & Others Vs. Ahmad Ullah (supra), Queen Empress Vs. Ramzan (supra) as well as in Ata-Ullah & another Vs. Azim-Ullah (supra). The above judgments have been discussed in detail in paras 3254 and 3256 of this 5069 judgment. It is only pursuant to the U.P. Act, 1936 or U.P. Act, 1960, for the effective management and superintendence of waqfs in the State of U.P., two Boards were created and for that purpose only, the waqfs were required to be identified whether a Sunni waqf or Shia Waqf.
4541. Be that as it may, before us, firstly, neither any evidence has been placed to show that Mir Baqi in fact existed during the regime of Babar, and, then nothing is there to prove about his religion, what it was. Some observations here and there by some writers and that too on a sheer guess work would not be sufficient for this Court to investigate into this factual position which relates back to an alleged event of almost 500 years back. Moreover, we have already held that the building in question has not been proved to have been constructed in 1528 AD by Mir Baqi. Therefore the question, whether it was a Sunni waqf or Shia waqf becomes redundant. Moreover, the rights of Hindus would in no manner would be affected whether the building in dispute, if mosque, constitute a 'Sunni Waqf' or 'Shia Waqf' since the consequence, if any, would flow in the same way and would be equal in both the cases.
4542. Our considered opinion is that nature of the waqf whether Sunni or Shia would not cause any impact upon the issues raised by the defendants Hindu parties in these cases. Therefore, for the purpose of suits in question, issue 20(a) (Suit-
4) is wholly irrelevant and need not to be answered. It is ordered accordingly.
4543. Issue 25, 26 (Suit-4) are as under:
"Whether demolition of the disputed structure as claimed by the plaintiff, it can still be called a mosque and 5070 if not whether the claim of the plaintiffs is liable to be dismissed as no longer maintainable?"
"Whether Muslims can use the open site as mosque to offer prayer when structure which stood thereon has been demolished?"
4544. Both these issues are interconnected and can be decided together. The submission of the defendants-Hindu parties is that the plaintiffs are the beneficiaries in the sense that they are only the worshippers and in that capacity had filed the suit in question. This right of the plaintiffs (Suit-4) would continue only so long as the disputed structure was there and after its demolition since there cannot be a mosque in existence, the plaintiffs loose right of worship for all times to come and therefore, the suit in question is liable to be dismissed as no longer maintainable.
4545. On the contrary, the plaintiffs (Suit-4) have pleaded that once there is a waqf by construction of a mosque, it is not confined only to the building but to land also and therefore, even if the building is subsequently damaged, collapsed or demolished, it would not affect the rights of the Muslims to offer prayer (Namaz) at the site in dispute. Even if it is a open site, its status of mosque (waqf) will continue. 4546. While considering the issues relating to the mosque, we have already observed that a waqf can be created only when the wakif is the owner of the land and once he creates a waqf, the property in its entirety vest in the almighty and the wakif ceases to have any relation with the property thereafter. In the case in hand, we have already held that the building in dispute was constructed as mosque and it was so treated, believed and 5071 practiced by all concerned, which included the Hindus also. Moreover, in the absence of any claim as to title, the plaintiffs (Suit-4), have approached this Court on the basis of their interest in the property in dispute derived from possession in the sense of a right to offer Namaz at the disputed site. Such right, in our view, cannot be defeated merely by removing the construction, since the plaintiffs if had a right to possess the land in question, they can continue to maintain their suit irrespective of whether building in dispute has been demolished. 4547. In our view, issues no.25 and 26 (Suit-4) are answered that as a result of the demolition of disputed structure, Suit-4 of the plaintiffs muslim parties cannot be said to be not maintainable. No further aspect need to be answered. Issues no.25 and 26 (Suit-4) are answered accordingly. 4548. Issue No.3 and 4 (Suit-1) read as under:
Issue No.3 "Has the plaintiff any right to worship the 'Charan Paduka' and the idols situated in the site in suit."
Issue No.4 "Has the plaintiff the right to have Darshan of the place in suit?"
4549. As we have already noticed, Charan Paduka i.e. Sita Rasoi is in the outer courtyard, there is no occasion to make any declaration in this regard. This is not within the scope of Suit-1. So far as the idol and right of Darshan of the place concerned, we have already held that place in suit, in so far as it constitute the place of birth of lord Rama can be visited for Darshan and worship by all the Hindus as a matter of right, who believed and aspire for the same. However, it cannot be said that while 5072 visiting a place for worship, the defendant State or others who are responsible for management of the place of worship cannot impose restrictions provided they are reasonable and necessary for the benefit and facility of the worshippers as also for the safety, security, cleanliness etc. of the deity. 4550. Therefore, subject to such reasonable restriction, as may be necessary in the given facts and circumstances, we hold that the plaintiff has a right to worship the place in suit to the extent it has been held by this Court constituting the birthplace of lord Rama, and if an idol is also placed in such a place, the same can also be worshipped accordingly. Both these issues are answered accordingly.
4551. Issues relating to reliefs:
4552. Issue No. 16, Suit-4:
"To what relief, if any, are the plaintiffs or any of them, entitled?"
4553. In view of our finding on Issue No. 3 since the suit is barred by limitation, the question of entitlement of any relief to the plaintiff does not arise as the suit itself is liable to be dismissed.
4554. Issue No. 17, Suit-1:
"To what reliefs, if any, is the plaintiff entitled?"
4555. Since the site in dispute includes part of the land which is believed to be the place of birth of Lord Rama and has been held to be a deity and place of worship of Hindus, the plaintiff's right to worship cannot be doubted. To this extent the plaintiff is entitled for a declaration, which is ordered accordingly. However, it is made clear that such right of the plaintiff is always subject to restrictions which may be found 5073 necessary by the competent authority on account of security, safety and maintenance of the place of worship. Since the place of worship is a "Swayambhu deity", whether an idol is kept there or not, would make no difference and it is the matter to be seen by those who are responsible for management of such place, and according to the majority of the worshippers as to how they intend to keep and maintain the place of worship without disturbing its nature as deity. No individual worshipper can insist that such place of worship be maintained in a particular manner. Therefore, except the declaration as above, the plaintiff (Suit-1) is not entitled to any other relief. 4556. Issue No. 13, Suit-3:
"To what relief, if any, is the plaintiff entitled?"
4557. In view of our findings in respect of issues no. 2, 3, 4, 9 and 14 the plaintiff, Suit-3, in our view, is not entitled to any relief.
4558. Issue no. 30, Suit-5:
"To what relief, if any, are plaintiffs or any of them entitled?"
4559. Plaintiffs have sought a declaration that the entire premises described vide Annexures- 1, 2 and 3 belonged to the plaintiffs deities and also a permanent injunction against the defendants prohibiting them from interfering with or raising any objection to or placing any restriction on the construction of the new temple at Sri Ram Janambhumi Ayodhya. We have already held that the area under the central dome of the disputed construction believed and worshipped by the Hindu people as the place of birth of Lord Rama and they were worshiping thereat since time immemorial. This part of the land constitutes 5074 deity, "Sri Ram Janamsthan", and a place of special significance for Hindus. Therefore it has to be treated in a manner where the very right of worship of Hindus of place of birth of Lord Rama is not extinguished or otherwise interfered with. We have simultaneously held that so far as other land within the inner courtyard of the disputed structure is concerned, this open land had been continuously used by members of both the communities for their respective prayers and worship for decades and centuries.
4560. Though the prayer in the suit is worded in the different manner but for complete justice and to avoid multiplicity of litigation as also the adjudication which may settled centuries old dispute finally, we are of the view that we can mould the wordings of the reliefs and can pass an order in respect to respective parties in this case which as suuch may not be covered by the form of relief but is within the scope of the case. In this regard we can rely on the provision under Order VII Rule 7 CPC.
4561. We may also referred to earlier decision of this Court in Pandohi Ahir Vs. Faruq Khan and another AIR 1954 All. 191, "A" and "B" were co-sharers. "A" sold a land to "C".
"B" filed a suit claiming possession of the land stating that he was entitled for exclusive possession of the property as the said land was already in his possession to the exclusion of "A". A Single Judge of this Court held that "A" and "B", being co- sharers, "B" had no right to claim exclusive possession of the plot to the exclusion of "A" and similarly "A" had no right to transfer specific plot to "C" but can transfer his share in plot to "C" and, thereafter "A" and "C" will hold the plot in question as 5075 co-sharers. It also observed that if the prayer clause in a plaint is not properly worded, the Court should give due consideration to the decree which should be passed. This part of the observation is referable to Order VII Rule 7 C.P.C. Judgment is relied on to overcome the difficulty in the suits with respect to the relief sought therein. In our view, Order VII Rule 7 can be resorted to by the Court when something can be found within the scope of the relief sought by the plaintiff or where a higher relief is claimed but the Court found that the plaintiff is entitled for a lesser relief but the scope of Order VII Rule 7 cannot be extended by widening the scope of the relief which has actually not been called for or to permit plaintiff to wriggle out of the statutory obstruction like limitation etc. on account of a relief claimed by him which is barred or prohibited or cannot be granted for one or the other reason. The Court will not proide a safe passage to a party by reading the words of the reliefs sought by it in a manner which may help it in overcoming the difficulty it otherwise is facing or is bound to face on account of the mandatory provisions of the statute of limitation etc. The scope of Order VII Rule 7 is not to use it as a leverage to help a party to the extent that the other party stand discriminated in an otherwise matter where other party is entitled to get the issue decided in its favour whether it is in respect to limitation, res judicata or similar other statutory provisions. It is the plaintiff who has to be careful enough to find out as to what grievance he actually has, what the real cause of action and what relief one must claim from the Court. The Court will not provide a comfortable question in the form of rewording of all these things to the extent it may change what has actually been 5076 changed by the plaintiff in its entirety.
4562. In order to mould relief under Order VII Rule 7, reliance is placed on a Division Bench decision in Sardar Ali Raza khan Vs. Sardar Nawazish Ali Khan AIR (30) 1943 Oudh 243, it was held therein that where more is claimed, the plaintiff may get what is found due to him even though less that what he has claimed. Where more is claimed any smaller amount may be given if found due to the plaintiff. This proposition cannot be doubted but then we may refer to the further observation of the Court that relief not founded on the pleadings should not be granted. It is not proper for a to Court to displace the case made by a party in his pleading and to give effect to an entirely new case which that party has not made out in his pleading and which he has expressly disclaimed. But where the substantial matters which constitute the title of all the parties are touched, though obscurely, in the issues, and they have been fully put in evidence and have formed the main subject of discussion in the Court, the Court may grant a relief though it may not be founded on the pleadings. Therefore, the mould of relief will depend upon the case and recourse to Order VII Rule 7 can be had only to the extent it do not make violence with the pleadings and reliefs in the suit.
4563. Considering the scope of Order VII Rule 7 C.P.C. in Smt. Neelawwa Vs. Smt. Shivawwa AIR 1989 Kar. 45, a Division Bench observed:
"The normal rule that relief not founded on the pleadings should not be granted is not without an exception. Where substantial matters constituting the title of all the parities are touched in the issues and have been fully put in 5077 evidence the case does not fall within the aforesaid rule. The Court has to look into the substance of the claim in determining the nature of the relief to be granted. Of course, the Court while moulding the relief must take care to see that relief it grants is not inconsistent with the plaintiff's claim, and is based on the same cause of action on which the relief claimed in the suit, that it occasions no prejudice or causes embarrassment to the other side; that it is not larger than the one claimed in the suit, even it the plaintiff is really entitled to it, unless he amends the plaint; that it had not been barred by time on the date of presentation of the plaint."
"No doubt the plaintiff has sought for exclusive title and he has not been able to prove his exclusive title; but has been able to prove, that he is entitled to a half share in the suit properties. When a party claims exclusive title to the suit property and is liable to establish that he is entitled to half of the suit property, it will not be unusual for the Court to pass a decree for partition and possession of his half share. In fact such a relief flows from the relief prayed for in the plaint that he is the exclusive owner of the entire property. When a larger relief is claimed and what is established, is not the entire relief claimed in the suit but a part of it, as whole includes a part, larger relief includes smaller relief, and it also arises out of the same cause of action. ... Therefore, even if a separate suit has to be filed for partition, the defendant does not have any sustainable defence. Therefore no prejudice will be caused to the defendant/ respondent if a preliminary decree for partition 5078 and separate possession is passed in this suit itself."
4564. Relief of declaration and injunction is discretionary but it is the duty of the Court to administer justice between the parties and not to convert itself into instrument of injustice or an engine of oppression. In Executive Committee of Vaish Degree College, Shamli and others Vs. Lakshmi Narain (supra) the Court said:
"27. . . . . . the relief of declaration and injunction under the provisions of the Specific Relief Act is purely discretionary and the plaintiff cannot claim it as of right. The relief has to be granted by the court according to sound legal principles and ex debito justitiae. The court has to administer justice between the parties and cannot convert itself into an instrument of injustice or an engine of oppression. In these circumstances, while exercising its discretionary powers the court must keep in mind the well settled principles of justice and fairplay and should exercise the discretion only if the ends of justice require it, for justice is not an object which can be administered in vacuum."
4565. In American Express Bank Ltd. Calcutta Steep Co. (supra) the Court said:
"22. Undoubtedly declaration of the rights or status is one of discretion of the court under Section 34 of the Specific Relief Act, 1963. Equally the grant or refusal of the relief of declaration and injunction under the provision of that Act is discretionary. The plaintiff cannot claim the relief as of right. It has to be granted according to sound principles of law and ex debito justicia. The court cannot convert itself 5079 into an instrument of injustice or vehicle of oppression. While exercising its discretionary power, the court must keep in its mind the well settled principles of justice and fair play and the discretion would be exercised keeping in view the ends of justice since justice is the hall mark and it cannot be administered in vacuum. Grant of declaration and injunction relating to commercial transactions tend to aid dishonesty and perfidy. Conversely refusal to grant relief generally encourages candour in business behaviour, facilitates free Row of capital, prompt compliance of covenants, sustained growth of commerce and above all inculcates respect for the efficacy of judicial adjudication. Before granting or refusing to grant of relief of declaration or injunction or both the court must weigh pros and cons in each case, consider the facts and circumstances in their proper perspective and exercise discretion with circumspection to further the ends of justice."
4566. In the light of the above and considering overall findings of this Court on various issues, following directions and/or declaration, are given which in our view would meet the ends of justice:
(i) It is declared that the area covered by the central dome of the three domed structure, i.e., the disputed structure being the deity of Bhagwan Ram Janamsthan and place of birth of Lord Rama as per faith and belief of the Hindus, belong to plaintiffs (Suit-5) and shall not be obstructed or interfered in any manner by the defendants.
This area is shown by letters AA BB CC DD is Appendix 7 to this judgment.
(ii) The area within the inner courtyard denoted by 5080 letters B C D L K J H G in Appendix 7 (excluding (i) above) belong to members of both the communities, i.e., Hindus (here plaintiffs, Suit-5) and Muslims since it was being used by both since decades and centuries. It is, however, made clear that for the purpose of share of plaintiffs, Suit-5 under this direction the area which is covered by (i) above shall also be included.
(iii) The area covered by the structures, namely, Ram Chabutra, (EE FF GG HH in Appendix 7) Sita Rasoi (MM NN OO PP in Appendix 7) and Bhandar (II JJ KK LL in Appendix
7) in the outer courtyard is declared in the share of Nirmohi Akhara (defendant no. 3) and they shall be entitled to possession thereof in the absence of any person with better title.
(iv) The open area within the outer courtyard (A G H J K L E F in Appendix 7) (except that covered by (iii) above) shall be shared by Nirmohi Akhara (defendant no. 3) and plaintiffs (Suit-5) since it has been generally used by the Hindu people for worship at both places.
(iv-a) It is however made clear that the share of muslim parties shall not be less than one third (1/3) of the total area of the premises and if necessary it may be given some area of outer courtyard. It is also made clear that while making partition by metes and bounds, if some minor adjustments are to be made with respect to the share of different parties, the affected party may be compensated by allotting the requisite land from the area which is under acquisition of the Government of India.
(v) The land which is available with the Government of India acquired under Ayodhya Act 1993 for providing it to the parties who are successful in the suit for better enjoyment of the property shall be made available to the above concerned parties in such manner so that all the three parties may utilise the area to which they are entitled to, by having separate entry for egress and ingress of the 5081 people without disturbing each others rights. For this purpose the concerned parties may approach the Government of India who shall act in accordance with the above directions and also as contained in the judgement of Apex Court in Dr. Ismail Farooqi (Supra).
(vi) A decree, partly preliminary and partly final, to the effect as said above (i to v) is passed. Suit-5 is decreed in part to the above extent. The parties are at liberty to file their suggestions for actual partition of the property in dispute in the manner as directed above by metes and bounds by submitting an application to this effect to the Officer on Special Duty, Ayodhya Bench at Lucknow or the Registrar, Lucknow Bench, Lucknow, as the case may be.
(vii) For a period of three months or unless directed otherwise, whichever is earlier, the parties shall maintain status quo as on today in respect of property in dispute. 4567. Before parting with this matter, we find it necessary to place on record our appreciation to learned counsels, Sri Ravi Shankar Prasad, Sri P.R. Ganpathi Ayer, Sri K.N. Bhat, Senior Advocates; Sri Zafaryab Jilani, Sri M.A. Siddiqui, Sri S.I. Ahamad, Sri C.M. Shukla, Sri S.P. Srivastava, Sri M.M. Pandey, Sri R.L. Verma, Sri Tarunjeet Verma, Sri Hari Shankar Jain, Sri Rakesh Pandey, Sri R.K. Srivastava, Sri P.N. Mishra, Amitabh Shukla, Sushri Ranjana Agnihotri, Sri Ajay Kumar Pandey, Sri D.P. Gupta, K.G. Mishra, Sri Fazle Alam, Sri Ved Prakash and Sri Ramakant Srivastava, Advocates who assisted us with ability and it is because of their hard labour in placing voluminous record including religious, historical and other kinds of texts etc., before the Court in a systematic manner that we have been 5082 able to decide one of the most delicate, complicated and cumbersome matter involving almost the entire population of the country. The cordial atmosphere, peaceful and amicable behaviour which they have shown in the Court also deserve our commendation.
4568. This was a gigantic and herculean task. The record of the case was so voluminous that without having a few very competent and expert hands we could not have accomplished our task. We place on record commendation to the able and effective assistance provided by Sri Hari Shankar Dube, O.S.D. Ayodhya Bench, Sri Chintamani Ram, Bench Secretary, and Sri Yusuf Khan, Court's Staff, S/Sri Akhilesh Kumar Nayak, P.S., Awadhesh Kumar, Puneet Srivastava, Kushal Agarwal, Yogendra Kumar Singh, Arvind Kumar Gupta and Alkesh who are the Court's personal staff and worked almost day-night enabling us to complete this matter.
4569. Since the judgment has become extremely bulky and it may be difficult to find different factual and legal aspects, therefore, for convenience we have prepared three indexes, (i) General Index, (ii) Citation; and, (iii) Reference Books which are appended with this judgment as Appendix Nos. 9, 8 and 10. 4570. The number of issues are 120 (including sub-issues). We, therefore, summarize our findings on different issues, suitwise, as under:
Suit-4
1. Issue 1 (Suit-4) is answered in favour of plaintiffs.
2. Issue 1(a) (Suit-4) is answered in negative. The plaintiffs have failed to prove that the building in dispute was built by Babar or by Mir Baqi.5083
3. Issues 1(b), 6, 13, 14 and 27 (Suit-4) are answered in affirmative.
4. Issue 1-B(a) (Suit-4) is answered in affirmative and it is held that the fact that the land in dispute entered in the records of the authorities as Nazul plot would make things difference.
5. Issue 1-B(b) (Suit-4) is not answered being irrelevant.
6. Issue 1-B(c) (Suit-4)-It is held that building in question was not exclusively used by the members of muslim community. After 1856-57 outer courtyard exclusively used by Hindu and inner courtyard had been visited for the purpose of worship by the members of both the communities.
7. Issue 2 (Suit-4) is answered in negative, i.e., against the plaintiffs.
8. Issue 3 (Suit-4) is answered in negative, i.e., against the plaintiffs. It is held that Suit-4 is barred by limitation.
9. Issue 4 (Suit-4)-At least since 1856-57, i.e., after the erection of partition wall the premises in outer courtyard has not been shown to be used/possessed by muslim parties but so far as the inner courtyard is concerned it has been used by both the parties.
10. Issue 5(a) (Suit-4) is answered against the plaintiffs.
11. Issue 5(b) (Suit-4) is answered in favour of defendants and Hindu parties in general.
12. Issues 5(c), 7(c), 8, 12, 22 (Suit-4), are answered in negative.
13. Issue 5(d) (Suit-4) not pressed by the defendants, 5084 hence not answered.
14. Issue 5(e) (Suit-4) is decided in favour of plaintiffs subject to that issue 6 (Suit-3) is also decided in favour of defendants (Suit-3).
15. Issue 5(f) (Suit-4) is answered in negative, i.e., in favour of plaintiffs and against the defendants.
16. Issue 7(a) (Suit-4) is answered in negative. It is held that there is nothing to show that Mahant Raghubar Das filed Suit-1885 on behalf of Janamsthan and whole body of persons interested in Janamsthan.
17. Issue 7(b) (Suit-4) answered in affirmative, i.e., in favour of plaintiffs (Suit-4).
18. Issue 7(d) (Suit-4) is answered in negative to the extent that there is no admission by Mahant Raghubar Das plaintiff of Suit-1885 about the title of Muslims to the property in dispute or any portion thereof. Consequently, the question of considering its effect does not arise.
19. Issues 10 and 15 (Suit4) are answered in negative, i.e., against the plaintiffs and muslims in general.
20. Issue 11 (Suit-4)-It is held that the place of birth as believed and worshipped by Hindus his the area covered under the central dome of the three domed structure, i.e., the disputed structure in the inner courtyard in the premises of dispute.
21. Issue 16 (Suit-4)-No relief since the suit is liable to be dismissed being barred by limitation.
22. Issue 17 (Suit-4) answered in negative holding that no valid notification under Section 5(3) of U.P. Act No. 13 of 1936 was issued.5085
23. Issue 18 (Suit-4)-it is held that the decision of the Apex Court in Gulam Abbas Vs. State of U.P. and others, AIR 1981 SC 2199 does not affect findings on issue 17 (Suit-4) and on the contrary the same stand supported and strengthen by the said judgment.
24. Issue 19(a) (Suit-4)-It is held that the premises which is believed to be the place of birth of Lord Rama continue to vest in the deity but the Hindu religious structures in the outer courtyard cannot be said to be the property of plaintiffs (Suit-5).
25. Issue 19(b) (Suit-4) is answered in affirmative to the extent that the building was land locked and could not be reached except of passing through the passage of Hindu worship. However, this by itself was of no consequence.
26. Issue 19(c) (Suit-4)-It is held that Hindus were worshipping at the place in dispute before construction of the disputed structure but that would not make any difference to the status of the building in dispute which came to be constructed at the command of the sole monarch having supreme power which cannot be adjudicated by a Court of Law, came to be constituted or formed much after, and according to the law which was not applicable at that time.
27. Issue 19(d) and 19(e) (Suit-4) are answered in favour of the plaintiffs.
28. Issue 19(f) (Suit-4)-In so far as the first part is concerned, is answered in affirmative. The second part is left unanswered being redundant. In the ultimate result the issue is answered in favour of plaintiffs (Suit-4).5086
29. Issue 20(a) being irrelevant not answered.
30. Issue 20(b) (Suit-4)-It is held that at the time of attachment of the building there was a Mutawalli, i.e., one Sri Javvad Hussain and in the absence of Mutawalli relief of possession cannot be allowed to plaintiffs who are before the Court in the capacity of worshippers.
31. Issue 21 (Suit-4) decided in negative, i.e., in favour of the plaintiffs. The suit is not bad for non-joinder of deities.
32. Issues 23 and 24 (Suit-4) are held that neither the Waqf Board is an instrumentality of State nor there is any bar in filing a suit by the Board against the State. It is also not a 'State' under Article 12 of the Constitution and can very well represent the interest of one community without infringing any provision of the Constitution.
33. Issues 25 and 26 (Suit-4)-Held that as a result of demolition of the disputed structure it cannot be said that the suit has rendered not maintainable. Nothing further needs to be answered.
34. Issue 28 (Suit-4)-It is held that plaintiffs have failed to prove their possession of the disputed premises, i.e., outer and inner courtyard including the disputed building ever.
Suit-1
1. Issue 1 (Suit-1)-It is held that the place of birth, as believed and worshipped by Hindus, is the area covered under the central dome of the three domed structure, i.e., the disputed structure in the inner courtyard in the premises of dispute.5087
2. Issue 2 (Suit-1)- It is held that the idols were kept under the central dome of the disputed structure within inner courtyard in the night of 22nd/23rd December, 1949 and prior thereto the same existed in the outer courtyard.
Therefore, on 16.01.1950 when Suit-1 was filed the said idol existed in the inner courtyard under the central dome of the disputed structure, i.e., prior to the filing of the suit. So far as the Charan Paduka is concerned, the said premises existed in the outer courtyard. Since Suit-1 is confined only to the inner courtyard, question of existence of Charan Paduka on the site in suit does not arise.
3. Issues 3 and 4 (Suit-1)-It is held that plaintiffs have right to worship. The place in suit to the extent it has been held by this Court to be the birthplace of Lord Rama and if an idol is also placed in such a place the same can also be worshipped, but this is subject to reasonable restrictions like security, safety, maintenance etc.
4. Issues 5(a), 5(c), 5(d), 9(c) and 11(a) (Suit-1) are answered in negative.
5. Issue 5(b) (Suit-1)-Held, the Suit 1885 was decided against Mahant Raghubar Das and he was not granted any relief by the respective courts, and, no more.
6. Issue 6 (Suit-1) is answered in negative. The defendants have failed to prove that the property in dispute was constructed by Shahanshah/Emperor Babar in 1528 AD.
7. Issue 7 (Suit-1) is decided in negative, i.e., against the defendants muslim parties.
8. Issue 8 (Suit-1) is answered in negative. Suit is not 5088 barred by proviso to Section 42 of Specific Relief Act, 1963.
9. Issue 9 (Suit-1) is decided in favour of plaintiffs (Suit-1).
10. Issue 9(a) (Suit-1) is answered in favour of plaintiffs (Suit-1).
11. Issue 9(b) (Suit-1) is answered against the plaintiffs.
12. Issue 10 (Suit-1) is answered in negative, i.e., in favour of plaintiffs of Suit-1.
13. Issue 11(b) (Suit-1) is answered in affirmative.
14. Issue 12, 13, 15, 16 and 21 (Suit-1) are answered in negative, i.e., in favour of the plaintiffs (Suit-1).
15. Issue 14 (Suit-1) has become redundant after dismissal of Suit No. 25 of 1950 as withdrawn.
16. Issue 17 (suit-1)-The plaintiffs is declared to have right of worship at the site in dispute including the part of the land which is held by this Court to be the place of birth of Lord Rama according to the faith and belief of Hindus but this right is subject to such restrictions as may be necessary by authorities concerned in regard to law and order, i.e., safety, security and also for the maintenance of place of worship etc. The plaintiffs are not entitled to any other relief.
Suit-3
1. Issue 1 and 16 (Suit-3) are answered in negative.
2. Issue 2, 3, 4 and 9 (Suit-3) are answered in negative, i.e., against the plaintiffs.
3. Issue 5 (Suit-3) is answered in negative. The defendants have filed to prove that the property in dispute 5089 was constructed by Shahanshah/Emperor Babar in 1528 AD.
4. Issue 6 (Suit-3) is not proved hence answered in negative.
5. Issue 7(a) and 7(b) (Suit-3) are answered in negative, i.e., in favour of plaintiffs and against the defendants in Suit-3.
6. Issue 8 (Suit-3) is decided in negative.
7. Issue 10 (Suit-3) is decided in favour of plaintiff. It is also held that a private defendant cannot raise objection of maintainability of suit for want of notice under Section 80 CPC.
8. Issue 11 and 12 (Suit-3) are decided in negative, i.e., in favour of plaintiffs.
9. Issue 13 (Suit-3)-The plaintiff is not entitled to any relief in view of the findings in respect of issues 2, 3, 4, 14 and 19.
10. Issue 14 (Suit-3) is answered in affirmative. It is held that the suit as framed is not maintainable.
11. Issue 15 (Suit-3) is answered in affirmative, i.e., in favour of plaintiffs (Suit-3).
12. Issue 17 (Suit-3) is decided in favour of plaintiffs. Nirmohi Akhara is held a Panchayati Math of Ramanandi Sect of Bairagi, is a religious denomination following its religious faith and pursuit according to its own customs. However, its continuance at Ayodhya is found sometime after 1734 AD and not earlier thereto.
Suit-5
1. Issue 1 (Suit-5) is answered in affirmative. Plaintiffs 5090 1 and 2 both are juridical persons.
2. Issue 2 (Suit-5) is not answered as it is not necessary for the dispute in the case.
3. Issue 3(a) (Suit-5) is answered in affirmative. The idols were installed under the central dome of the disputed building in the early hours of 23rd December, 1949.
4. Issue 3(b), 3(d), 5, 10, 11, 14 and 24 (Suit-5) are answered in affirmative.
5. Issues 3(c), 7, 19, 23 and 28 (Suit-5) are answered in negative.
6. Issue 4 (Suit-5) is answered in negative. The idol in question kept under the Shikhar existed there prior to 6th December, 1992 but not from time immemorial and instead kept thereat in the night of 22nd/23rd December, 1949.
7. Issue 6 (Suit-5) is decided in negative, i.e., in favour of plaintiffs (Suit-5).
8. Issue 8 (Suit-5) is answered against the defendant no. 3, Nirmohi Akhara.
9. Issue 9 (Suit-5) is answered against the plaintiffs.
10. Issue 13 (Suit-5) is answered in negative, i.e., in favour of plaintiffs. It is held that suit is not barred by limitation.
11. Issue 15 (Suit-5)-It is held that the muslims at least from 1860 and onwards have visited the inner courtyard in the premises in dispute and have offered Namaj thereat. The last Namaj was offered on 16th December, 1949.
12. Issue 16 (Suit-5)-Neither the title of plaintiffs 1 and 2 ever extinguished nor the question of reacquisition 5091 thereof ever arise.
13. Issue 18 (Suit-5) is answered in negative, i.e., against the defendants no. 3, 4 and 5.
14. Issue 20 (Suit-5) is not answered being unnecessary for the dispute in the case in hand.
15. Issue 21 (Suit-5) is answered in negative, i.e., against the defendants no. 4 and 5.
16. Issue 22 (Suit-5)-It is held that the place of birth as believed and worshipped by Hindus his the area covered under the central dome of the three domed structure, i.e., the disputed structure in the inner courtyard in the premises of dispute.
17. Issue 25 (Suit-5) is answered in affirmative. It is held that the judgment dated 30.03.1946 in Suit No. 29 of 1949 is not binding upon the plaintiffs (suit-5).
18. Issues 26 and 27 (Suit-5) are answered in negative, i.e., in favour of plaintiffs (Suit-5).
19. Issue 29 (Suit-5) is answered in negative, i.e., in favour of plaintiffs.
20. Issue 30 (Suit-5)-The suit is partly decreed in the manner the directions are issued in para 4566. 4571. In the result, Suit-1 is partly decreed. Suits 3 and 4 are dismissed. Suit-5 is decreed partly. In the peculiar facts and circumstances of the case the parties shall bear their own costs. Dated: 30.09.2010 5092 APPENDIX-1 5093 APPENDIX-1A 5094 APPENDIX-1B (A fair copy of Appendix 1A, site plan map with Hindi Translation) 5095 APPENDIX-2 5096 APPENDIX-2A (A FAIR COPY OF APPENDIX-2) 5097 APPENDIX-2B 5098 APPENDIX-2C 5099 APPENDIX-3 61/280/1885 (EX. A-25 in OOS 1/89) 5100 APPENDIX-3A (A Fair of Appendix-3, Site Plan Map with Hindi Translation) 5101 APPENDIX-4 5102 APPENDIX-4A 5103 APPENDIX-4B 5104 APPENDIX-5A 200C1/48 5105 APPENDIX-5B 200C1/50 5106 APPENDIX-5C 200C1/51 5107 APPENDIX-5D 200C1/52 5108 APPENDIX-5E 200C1/54 5109 APPENDIX-5F 200C1/87 5110 APPENDIX-5G 200C1/104 5111 APPENDIX-5H 200C1/105 5112 APPENDIX-5 I 200C1/109 5113 APPENDIX-5 J 200C1/114 5114 APPENDIX-5K 200C1/115 5115 APPENDIX-5L 200C1/141 5116 APPENDIX-5M 200C1/146 5117 APPENDIX-5N 200C1/147 5118 APPENDIX-5O 200C1/166 5119 APPENDIX-5P 200C1/167 5120 APPENDIX-5Q 200C1/181 5121 APPENDIX-5R 200C1/186 5122 APPENDIX-5S 200C1/187 5123 APPENDIX-5T 200C1/195 5124 APPENDIX-5U 200C1/199 5125 APPENDIX-5V 200C1/200 5126 APPENDIX-5W 201C1/55 5127 APPENDIX-5X 201C1/57 5128 APPENDIX-5Y 201C1/76 5129 APPENDIX-5Z 201C1/88 5130 APPENDIX-5AA 201C1/91 5131 APPENDIX-5 BB 201C1/103 5132 APPENDIX-5CC 201C1/104 5133 APPENDIX-5DD 201C1/106 5134 APPENDIX-6 A HISTORICAL SKETCH OF TAHSIL FYZABAD, ZILLAH FYZABAD By P. CARNEGY (PUBLISHED IN 1887) 5135 APPENDIX-7 Copy of site plan (Appendix 2) with marking by the Court 5136 APPENDIX-8 General Index-Judgment Sl.No. Particulars Date Paras Pages
1. Party name and Counsels name 1-10
2. Rig-Veda X.129.1-3, 6, 7 11-13
3. Topography 2-5 13-15
4. Disputed Structure 6 15-16
5. O.O.S. No. 1 of 1989 16.1.1950 7-18 16-25
6. Reliefs (Suit-1) 8 17-18
7. Plaint (Suit-1) 9-11 18-20
8. W.S. of defendants no. 1 to 5 (Suit- 21.2.1950 12-13 20-23
1)
9. Replication to W.S. of defendants 5.12.1952 14-15 23-24 no. 1 to 5 (Suit-1)
10. W.S. of defendant no. 6 (Suit-1) 25.4.1950 16 24-25
11. W.S. of defendants no. 8 & 9 (Suit- 17 25
1)
12. W.S. of defendant no. 10 (Suit-1) 24.2.1989 18 25
13. O.O.S. No. 3 of 1989 19-28 25-39
14. Plaint (Suit-3) 17.12.1959 21-22 26-29
15. W.S. of defendants no. 6 to 8 (Suit- 28.3.1960 23 29-31
3)
16. Replication to W.S. of defendants 24 31-33 no. 6 to 8 (Suit-3)
17. Addl. W.S. of defendant no. 9 (Suit- 24.8.1995 25 33-34
3)
18. W.S. of defendant no. 10 (Suit-3) 21.10.1991 26 34-35 5137
19. Replication to W.S. of defendant 8.11.1991 27-28 35-39 no. 10 (Suit-3)
20. O.O.S. No. 4 of 1989 29-70 39-104
21. Plaint (Suit-4) 33-35 41-47
22. W.S. of defendant no. 1 (Suit-4) 12.3.1962 36 47-49
23. Addl. W.S. of defendant no. 1 (Suit- 31.10.1962 37 49-51
4)
24. W.S. of defendant no. 2 (Suit-4) 25.1.1963 38 51
25. Replication to W.S. of defendants 11.9.1963 39 51-52 no. 1 & 2 (Suit-4)
26. W.S. of defendants no. 3 & 4 (Suit- 22/24.8.19 40-43 52-58 4) 62
27. Addl. W.S. of defendants no. 3 & 4 25.1.1963 44 58 (Suit-4)
28. II Addl. W.S. of defendants no. 3 & 28/29.11.1 45 59 4 (Suit-4) 963
29. III Addl. W.S. of defendant no. 3 21.8.1995 46-47 59-61 (Suit-4)
30. Replication to W.S. of defendants 11.9.1963 48 61-62 no. 3 & 4 (Suit-4)
31. Application of Defendants no. 5 to 21.4.1962/ 49 62-63 8 (Suit-4) 28.5.1962
32. W.S. of defendant no. 9 (Suit-4) 27/28.7.19 50 63 62
33. W.S. of defendant no. 10 (Suit-4) 16.2.1990 51-53 63-66
34. Replication to W.S. of defendant 18.11.1991 54 66 no. 10 (Suit-4)
35. Supplementary replication to 27.11/3.12. 55 67 amended W.S. of defendant no. 10 1991 (Suit-4) 5138
36. Addl. W.S. of defendant no. 10 12.9.1995 56 67-70 (Suit-4)
37. W.S. of defendants no. 13 & 14 20.7.1968 57-58 70-73 (Suit-4)
38. W.S. of defendant no. 13 (Suit-4) 4.12.1989 59-62 73-90
39. Addl. W.S. of defendant no. 13 29.8.1995 63 90 (Suit-4)
40. Addl. W.S. of defendant no. 17 14.9.1995 64 90-91 (Suit-4)
41. W.S. of defendant no. 18 (Suit-4) 18/19.7.19 65 91 69
42. W.S. of defendant no. 20 (Suit-4) 5.11.1989 66-69 91-103
43. Addl. W.S. of defendant no. 20 17.10.1995 70 103-104 (Suit-4)
44. O.O.S. No. 5 of 1989 1.7.1989 71-104 104-149
45. Reliefs (Suit-5) 72 105
46. Plaint (Suit-5) 1.7.1989 73-83 106-120
47. W.S. of defendant no. 3 (Suit-5) 14.8.1989 84 120-122
48. Addl. W.S. of defendant no. 3 (Suit- 20.4.1992 85 122-123
5)
49. II Addl. W.S. of defendant no. 3 13.5.1994 86 123-124 (Suit-5)
50. W.S. of defendant no. 4 (Suit-5) 26/29.8.19 87-93 124-139 89
51. W.S. of defendant no. 5 (Suit-5) 14/21.8.19 94 139-141 89
52. Addl. W.S. of defendants no. 4 & 5 22.8.1995 95 141-142 (Suit-5)
53. W.S. of defendant no. 6 (Suit-5) 21/22/8/19 96 142 89 5139
54. W.S. of defendant no. 11 (Suit-5) 97 142
55. W.S. of defendant no. 17 (Suit-5) 14.8.1989 98 142
56. W.S. of defendant no. 23 (Suit-5) 18.9.1989 99 142
57. W.S. of defendant no. 24 (Suit-5) 4.9.1989 100-103 142-148
58. W.S. of defendant no. 25 (Suit-5) 16/18.9.19 104 148-149 89
59. Progress of the suits -- journey in 105-211 149-197 the last almost 61 years and some important stages -- brief resume.
60. (a) Proceeding under Section 145 105-120 149-156 Cr.P.C.
61. (b) Suit-1 (from 16.1.1950 to 1963) 121-134 156-163
62. (c) Suit-2 135 163
63. (d) Suit-3 (from 1959 to 1963) 136 163-164
64. (e) Suit-4 (from 9.12.1961 to 1962) 137-138 164
65. (f)Suit 1 to 4 (from 6.1.1964 to 139-211 164-197 10.7.1989)
66. Excavation of the Site-Proceedings 212-241 197-261
67. ASI Report-Extract 22.08.2003 242-245 261-266
68. Details of Impleadment application 246 266-270 rejected
69. Statement of Party/Party's counsels 247-264 270-283 under order X Rule 2 CPC
70. Commissioner/ Receiver appointed 265-266 283-285 for the disputed site
71. Issues 267-272 285-301
72. (a) Issues in Suit No.4 269 285-292
73. (b) Issues in Suit No.1 270 292-295 5140
74. (c) Issues in Suit No.3 271 295-296
75. (d) Issues in Suit No.5 272 296-301
76. Evidence adduced 273-606 301-965
77. (a) Oral deposition 274-599 302-921
78. Categorization of Witnesses 286-294 307-311
79. (A) Witnesses of facts on behalf 295-331 311-349 of plaintiffs in Suit-4- Examination-in-Chief (brief)
80. PW 1 Mohd. Hashim July 1996 296-298 311-315
81. PW 2 Haji Mahboob Ahmad Sep.1996 299-300 315-317
82. PW 3 Farooq Ahmad October 301-302 317-318 1996
83. PW 4 Mohd. Yaseen October 303-304 318-320 1996
84. PW 5 Abdul Rahman Nov. 1996 305-306 321-323
85. PW 6 Mohd. Yunus Siddiqui 28.11.1996 307-308 323-326
86. PW 7 Hasmat Ulla Ansari 05.12.96 309-310 326-328
87. PW 8 Abdul Ajij 20.01.1997 311-312 328-330
88. PW 9 Saiyed Ekhalaq 18.02.1997 313-314 330-333
89. PW 14 Jalil Ahmad 16.02.1999 315-316 333-335
90. PW 21 Dr.M. Hashim Quidwai 22.11.2001 317-320 335-340
91. PW 22 Mohd. Khalid Nadvi 9/10.01.20 321-323 340-341 02
92. PW 23 Mohd. Qasim Ansari 16.01.2002 324-325 341-345
93. PW 25 Sibte Mohammad Naquvi 5/6.03.200 326-331 345-349 2
94. (B) Regarding birthplace of Lord 332-466 349-658 Rama, Continuous worship by 5141 Hindus and demolition of temple
95. DW 1/1 Rajendra Singh 22.07.2003 332-333 349-360
96. DW 1/2 Krishna Chandra Singh 28.07.2003 334-335 360-367
97. DW 1/3 Dr. Sahdev Prasad Dubey 04.08.2003 336-338 367-378
98. DW 2/1-1 Rajendra Singh 01.12.2004 339-340 378-391
99. DW 2/1-2 Ram Saran Srivastava 20.01.2005 343-349 391-398
100. DW 2/1-3 Mahant Ram Vilas Das 16.02.2005 350-354 398-419 Vaidanti
101. DW 3/1 Mahant Bhaskar Das 29.08.2003 355-359 419-430
102. DW 3/2 Raja Ram Pandey 22.09.2003 360-363 430-437
103. D/W 3/3 Satya Narayan Tripathi 30.10.2003 364-367 437-445
104. D/W 3/4 Shiv Saran Das 14.11.2003 368-370 445-447
105. D/W 3/5 Raghunath Prasad Pandey 18.11.2003 371-372 447-458
106. D/W 3/6 Sita Ram Yadav 06.01.2004 373-375 458-464
107. D/W 3/7 Mahant Ramji Das 30.01.2004 376-377 464-474
108. D/W 3/8 Pt. Shyam Sundar Mishra 30.01.2004 378-380 474-482
109. D/W 3/9 Ram Ashrey Yadav 22.03.2004 381-384 482-494
110. D/W 3/11 Bhanu Pratap Singh 28.04.2004 385-388 494-499
111. D/W 3/12 Ram Akshaybar Pandey 24.05.2004 389-391 499-504
112. D/W 3/13 Mahant Ram Shubhag 05.07.2004 392-394 504-518 Das Shastri
113. D/W 3/14 Jagadguru 23.07.2004 395-403 518-526 Ramandacharya Swami Haryacharya
114. D/W 3/15 Narendra Bahadur Singh 17.08.2004 404-407 526-532
115. D/W 3/16 Shiv Bheekh Singh 24.08.2004 408-410 532-538
116. D/W 3/17 Mata Badan Tiwari 31.08.2004 411-413 538-542 5142
117. D/W 3/18 Acharya Mahant 15.09.2004 414-416 542-546 Banshidhar Das alias Uriya Baba
118. D/W 3/19 Ram Milan Singh 12.10.2004 417-419 546-554
119. D/W 3/20 Mahant Raja Ram 27.10.2004 420-424 554-568 Chandracharya
120. D/W 13/1-1 Mahanta Dharma Das 10.03.2005 425-429 568-578
121. D/W 17/1 Ramesh Chandra 09.05.2005 430-433 578-585 Tripathi
122. D/W 20/1 Shashikant Rungata 26.05.2005 434-436 585-593
123. D/W 20/2 Swami 27.06.2005 437-441 593-603 Avimukteshewaranand Saraswati
124. D/W 20/3 Brahmachari Ram 18.07.2005 442-444 603-606 Rakshanand
125. OPW 1 Mahant Ram Chandra Das 23.12.1999 445-449 606-614 Digambar
126. OPW 2 Deoki Nandan Agarwal 16- 450-451 614-615 20.06.2001
127. OPW 4 Sri Harihar Prasad Tewari 06.08.2002 452-453 615-620
128. OPW 5 Ramnath Mishra alias 6/7.08.200 454-455 620-629 Banarasi Panda 2
129. OPW 6 Hausila Prasad Tripathi 13.08.2002 456-457 629-638
130. OPW 7 Ram Surat Tiwari 19.09.2002 458-459 637-646
131. OPW 12 Kaushal Kishore Mishra 16.12.2002 460-463 646-653
132. OPW 13 Naradsharan 27.01.2003 464-466 653-658
133. (C) Temple (Existence & 467-531 658-804 Demolition)
134. PW 12 Ram Shankar Upadhyay 20.01.1998 468-469 658-660
135. PW 13 Suresh Chandra Mishra 13.07.1998 470-471 660-663
136. PW 15 Sushil Srivastava 15.04.1999 472-473 663-666 5143
137. PW 16 Prof. Suraj Bhan 22.02.2000 474-478 666-686
138. PW 18 Suvira Jaiswal 19.02.2001 479-480 686-688
139. PW 20 Prof. Shirin Musavi 24.07.2001 481-483 688-694
140. PW 24 Prof. Dhaneshwar Mandal 25.02.2002 484-487 694-705
141. PW 27 Prof. Dr. Shereen F. 08.04.2002 488-503 705-716 Ratnagar
142. PW 28 Sita Ram Roy 22/23.04.2 504-511 716-725 002
143. OPW 3 Dr. S.P. Gupta 28.06.2001 512-514 725-757
144. OPW 9 Dr. Thakur Prasad Verma 31.10.2001 515-518 757-767
145. OPW 11 Satish Chandra Mittal 25.11.2002 519-524 767-780
146. OPW 16 Jagadguru 15.07.2003 525-526 780-788 Ramanandacharya Swami Rambhadracharya
147. DW 13/1-3 Dr. Bishan Bahadur 07.04.2005 527-529 788-793
148. DW 20/4 Madan Mohan Gupta 16.05.2005 530-531 793-804
149. (D) ASI Report 532-568 804-869
150. PW 29 Dr. Jaya Menon 28.09.2005 533-535 805-806
151. PW 30 Dr. R.C. Thakran 07.11.2005 536-537 806-830
152. PW 31 Dr. Ashok Datta 20.01.2006 538-540 830-839
153. PW 32 Dr. Supriya Verma 27.03.2006 541-545 839-843
154. OPW 17 Dr. R. Nagaswamy 17.08.2006 546-547 843-850
155. OPW 18 Arun Kumar Sharma 28.08.2006 548-555 850-855
156. OPW 19 Sri Rakesh Datta Trivedi 03.10.2006 556-557 855-859
157. DW 6/1-1 Hazi Mahmood Ahmad 29.08.2005 558-559 859-860
158. DW 6/1-2 Mohd. Abid 12.09.2005 560-562 860-863
159. DW 20/5 Jayanti Prasad Srivastava 15.01.2007 563-568 863-869 5144
160. (E) Characteristics of Mosque 569-585 869-896
161. PW 10 Mohd. Idris 28.02.1997 569-571 869-875
162. PW11 Mohd. Burhanuddin 16.09.1997 572-574 876-880
163. PW 19 Maulana Atiq Ahmed 21.05.2001 575-577 880-885
164. PW 22 Mohd. Khalid Nadvi 9/10.01.20 578-579 885-887 02
165. PW 25 Sibte Mohammad Naqvi 05/6.03.20 580 887 02
166. PW 26 Kalbe Jawwad 2/3.04.200 581-585 887-896 2
167. (F) Sanskrit Inscriptions found in 586-592 896-911 1992
168. OPW 8 Ashok Chandra Chaterjee 03.10.2002 586-587 896-905
169. OPW 10 Dr. Koluvyl 11.11.2002 588-590 905-909 Vyassrayasastri Ramesh
170. OPW 15 Dr. M.N. Katti 31.03.2003 591-592 909-911
171. (G) Artifacts in debris 593-595 911-915
172. OPW 14 Dr. Rakesh Tiwari 07.02.2003 593-595 911-915
173. (H) Commissioner/ Survey 596-599 915-921 Report
174. PW 17 Zafar Ali Siddiqui 20.10.2000 596-597 915-919
175. DW 3/10 Sri Pateshwari Dutt 23.03.2004 598-599 919-921 Pandey
176. (b) Documentary Evidence 600-606 921-965
177. List of documents filed/exhibited 600-606 921-965 by the parties
178. Totaling of the exhibits 607 965
179. On Merits-General Observations 608-4576 965-5081 5145
180. Categorization of issues 611 967-968
181. Issues-Discussion and findings on 614-4576 968-5081 merit
182. (A) Issues relating to Notice 614-668 969-992 under Section 80 C.P.C.-Issues No. 10 (Suit-3), 13, 14 (Suit-1) and 26, 27 (Suit-5)
183. Issue No. 10 (Suit-3) 614-644 969-980
184. Issues No. 13 and 14 Suit-1 645-666 980-991
185. Issues no. 26 and 27 of Suit-5 667-668 991-992
186. (B) Religious Denomination-Issue 669-799 992-1127 no. 17 (Suit-3)
187. (C) Relating to Suit-1885 and its 800 1127 effect on present suits, i.e., res judicata and estoppel etc.-Issues No. 5(a), 5(b), 5(c) and 5(d) (Suit-
1); 7(a), 7(b), 7(c), 7(d) and 8 (Suit-
4); and 23 and 29 (Suit-5)
188. Issue No. 5 (a) (Suit-1) 853-860 1156-1159
189. Issue No. 5 (b) (Suit-1) 861-868 1159-1162
190. Issue No. 5 (c) (Suit-1) 869-870 1162-1164
191. Issue No. 7 (a) (Suit-4) 871-874 1164-1165
192. Issue No. 7 (d) (suit-4) 875-876 1165-1166
193. Issues No. 5 (d) (Suit-1); 7 (c) and 877-1063 1166-1285 8 (suit-4); 23 (Suit-5)
194. Issue No. 29 (Suit-5) 1064-1065 1285
195. Issue No. 7 (b) (Suit-4) 1066 1285-1286
196. (D) Relating to Waqfs Act No. 1067-1275 1286-1440 13 of 1936, 16 of 1960 and certain incidental issues-Issues No. 5(a), 5(b), 5(c), 5(d), 5(e), 5(f), 17, 18, 23, 24 (Suit-4); 9, 9(a), 9(b) and 5146 9(c) (Suit-1); 7(a), 7(b) and 16 (Suit-3) and 28 (Suit-5)
197. Issues No. 17, 5(a), 5(c), 5(d) 1068-1072 1286-1298 (Suit-4)
198. Issue No. 9 (Suit-1) 1073-1075 1298-1299
199. Issues No. 7(a) and 7(b) (Suit-3) 1076-1077 1299
200. Issues No. 5(b) (Suit-4) and 9(a) 1078-1151 1299-1359 (Suit-1)
201. Issue No. 5(e) (Suit-4) 1152-1167 1359-1369
202. Issue No. 18 (Suit-4) 1168-1176 1369-1377
203. Issue No. 9(b) (Suit-1) 1177-1181 1377-1379
204. Issue No. 9(c) (Suit-1) 1182-1192 1379-1387
205. Issue No. 16 (Suit-3) 1193-1198 1387-1390
206. Issue 5(f) (Suit-4) 1199-1202 1390-1391
207. Issues 23 and 24 (Suit-4) 1203-1243 1391-1410
208. Issue 28 (Suit-5) 1244-1275 1410-1440
209. (E) Misc. issues like 1276-1294 1440-1449 representative nature of suit, Trust, Section 91 C.P.C., non-
joinder of parties, valuation/
insufficient Court fee/under
valuation and special costs.[Issues
No. 6, 22 (Suit-4), 11 (a), 11 (b),
12, 15, 16 (Suit-1), 11, 12, 15 (Suit-
3) and. 20 (Suit-5)]
210. Issue No. 6 (Suit-4) 1276-1277 1440-1441
211. Issue No. 22 (Suit-4) 1278 1441
212. Issue No. 11 (a) and 11 (b) (Suit-1) 1279-1282 1441-1444
213. Issue No. 12 (Suit-1) 1283-1285 1444-1445
214. Issue No. 15 (Suit-1) 1286-1287 1445-1446
5147
215. Issue No. 16 (Suit-1) 1288-1290 1446-1447
216. Issue No. 11, 12 and 15 (Suit-3) 1291-1292 1447-1448
217. Issue No. 20 (Suit-5) 1293-1294 1448-1449
218. (F) Issues relating to the Person 1295-1682 1449-1797
and period- who and when
constructed the disputed
building [Issue No.6 (Suit-1), 5
(Suit-3) and 1 (a) (Suit-4)]
219. (G) Issues relating to Deities, 1683-2141 1797-2187
their status, rights etc. [Issues no.
12 and 21 (Suit-4); 1, 2, 3(a), 6 and
21 (Suit-5)]
220. Issue No. 12 (Suit-4) 2109 2173
221. Issue No. 3 (a), 1 (suit-5) and 21 2110 2174
(Suit-5)
222. Issue 21 (Suit-4) 2131 2181
223. Issues no.2 and 6 (Suit-5) 2132-2141 2181-2187
224. (H) Limitation [Issue No. 3 (Suit- 2142-2738 2187-2637
4); 10 (Suit-1); 9 (Suit-3); and 13
(Suit-5)]
225. Issue No. 3 (Suit-4) 2144-2565 2187-2533
226. Issue No. 10 (Suit-1) 2566-2567 2533
227. Issue No. 9 (Suit-3) 2568-2580 2533-2538
228. Issue No. 13 (Suit-5) 2581-2738 2538-2637
229. (I) Issues relating to Possession/ 2739-3123 2637-2969
Adverse Possession [Issues no. 7
(Suit-1); 3 and 8 (Suit-3); 2, 4, 10,
15 and 28 (Suit-4); and 16 (Suit-
5)]
230. Issues No. 7 (Suit-1) 2740-2993 3637-2829
231. Issue No. 3 (Suit-3) 2994-3024 2829-2851
5148
232. Issue no. 8 (Suit-3) 3025-3075 2851-2886
233. Issue no. 2 (Suit-4) 3076-3111 2886-2962
234. Issue No. 10 and 15 (Suit-4) 3112 2962
235. Issue 28 (Suit-4) 3113-3114 2962-2964
236. Issue No. 4 (Suit-4) 3115 2964
237. Issue No. 16 (Suit-5) 3116-3123 2964-2969
238. (K) Issues relating to 3124-3448 2969-3414
characteristics of Mosque,
dedication by Babur and whether
a valid waqf was created. [Issues
no. 6 (Suit 3), 1, 1(B)(b), 1(B)(c),
19(d), 19(e), 19(f) (Suit 4) and 9
(Suit 5)]
239. Issue no.6 (Suit 3) 3332-3345 3286-3297
240. Issues No. 1 (Suit-4) and 9 (Suit-5) 3346-3409 3297-3336
241. Issues no. 1(B)(b) (Suit-4) 3410-3429 3336-3350
242. Issues no. 19(d) and 19(e) (Suit-4) 3430-3433 3350-3359
243. Issue No.19(f) (Suit-4) 3434-3447 3359-3413
244. Issue No. 1-B (c) (Suit-4) 3448 3413-3414
245. (j) Issues relating to site as 3449-4425 3414-5001 birthplace, existence of temple, worship on the disputed site as birthplace of Lord Rama since time immemorial; demolition of some structure; in particular a Hindu temple, [Issues No.1 and 2 (Suit-1); 1 (Suit-3); 1 (b), 11, 13, 14, 19(b) and 27 (Suit 4); 14, 15, 22 and 24 (Suit 5)]
246. (A) Existence of Temple & 3513-4059 3502-4415 Demolition [Issues no. 1(b) (Suit 4) and 14 (Suit 5)]
247. (B) Existence of other Hindu 4060-4067 4415-4435 5149 religious places making the disputed building building landlocked by religious places of Hindus [(Issue No. 19(b) (Suit-4)]
248. (C) Whether the Hindus had 4068-4073 4435-4437 been continuously worshipping at the place in dispute [Issue No. 13, 14 (Suit-4) and 24 (Suit-5)]
249. Issue No. 13 and 14 (Suit-4) 4069-4070 4435-4436
250. Issue No. 24 (Suit-5) 4071-4073 4436-4437
251. (D) The presence of idol in the 4074-4078 4437-4438 disputed building [Issue No.2 (Suit-1)]
252. (E) Issues relating to place of 4079-4418 4439-4999 birth of Lord Rama, believed as such by Hindus by tradition etc. [issues no. 11 (Suit-4), 1 (Suit-1) and 22 (Suit-5)]
253. (F) Others [issues no. 27 (Suit- 4419-4425 4999-5001
4) and 1 (Suit-3)]
254. Issue No. 27 (Suit-4) 4420-4421 5000
255. Issue No.1 (Suit-3) 4422-4425 5000-5001
256. (L) Identity of the property 4426-4458 5001-5015 [Issues no. 1(B)(a) (Suit-4) and 5 (Suit-5)]
257. Issue No.1(B)(a) (Suit-4) 4427-4455 5001-5015
258. Issue No.5 (Suit-5) 4456-4458 5015-5015
259. (M) Issues relating to Specific 4460-4478 5016-5033 Relief Act [Issues no. 8 (Suit-1) and 18 (Suit-5)]
260. Issue 8 (Suit-1) 4463-4466 5018-5021
261. Issue 18 (Suit-5) 4467-4478 5021-5033
262. (N) Others, if any [Issues no.2, 4 4479-4550 5033-5072 5150 14 (Suit-3); 19(a), 19(c), 20(a), 20(b), 25, 26 (Suit-4); 3(b), (c), (d) 4, 7, 8, 10, 11, 15, 19, 25 (Suit-5) and 3 and 4 (Suit-1);
263. Issue no.2 (Suit-3) 4481-4482 5033-5034
264. Issue No. 4 (Suit-3) 4483-4484 5034
265. Issue No. 14 (Suit-3) 4485-4486 5034-5035
266. Issue No. 19 (a) (Suit-4) 4487-4495 5035-5047
267. Issue No. 4 (Suit-5) 4496-4498 5047-5048
268. Issue No.15 (Suit-5) 4499-4500 5048-5049
269. Issue No.20(b)(Suit-4) 4501-4505 5049-5051
270. Issue No. 7 (Suit-5) 4506-4508 5051-5052
271. Issues No. 10 and 11 (Suit-5) 4509-4511 5052-5056
272. Issue No. 19 (Suit-5) 4512-4516 5056-5057
273. Issue No. 25 (Suit-5) 4517-4519 5057-5058
274. Issue No. 19(c)(Suit-4) 4520-4523 5058-5060
275. Issue No.3(b), (c) and (d) (Suit-5) 4524-4534 5060-5067
276. Issue No.8 (Suit-5) 4535-4538 5067-5068
277. Issue No.20(a) (Suit-4) 4539-4542 5068-5069
278. Issue 25, 26 (Suit-4) 4543-4547 5069-5071
279. Issue No.3 and 4 (Suit-1) 4548-4550 5071-5072
280. Issues relating to reliefs: Issues 4551-4566 5072-5081 No. 15 (Suit-4), 17 (Suit-1), 13 (Suit-3) and 30 (Suit-5)
281. Issue No. 16, Suit-4 4552-4553 5072
282. Issue No. 17, Suit-1 4554-4555 5072-5073
283. Issue No. 13, Suit-3 4556-4557 5073 5151
284. Issue no. 30, Suit-5 4558-4566 5073-5081
285. Appendixes -- 5092-5250
286. Appendixes-1, 1A and 1B - 5092-5094
287. Appendixes-2, 2A, 2B, and 2C - 5095-5098
288. Appendixes-3 and 3A - 5099-5100
289. Appendixes-4, 4A and 4B - 5101-5103
290. Appendixes-5A to 5DD - 5104-5133
291. Appendix-6 - 5134
292. Appendix-7 - 5135
293. Appendix-8, General Index - 5136-5151
294. Appendix-9, Citations Referred - 5152-5220 Alphabetically
295. Appendix-10, Reference Books -- 5201-5218 Alphabetically 5152 APPENDIX-9 Index-Citations Referred Alphabetically Sl.No. Citation Para/Page no.
1. A.G. of Bengal Vs. Prem Lal Mullick (1895) ILR 881/1168 22 Cal. 788 (PC)
2. A.S. Narayana Deekshitulu Vs. State of A.P. and 718/1026, 1754/1867, others, 1996(9) SCC 548=AIR 1996 SC 1765 1755/1867,1833/1932, 1857/1958
3. A.S. Vidyasagar Vs. S. Karunanandam 1995 Supp 2774/2668, 2929/2793 (4) SCC 570
4. Abbas Dhali Masabdi Karikar, (1914) 24 I.C. 216 2213/2220 (Cal.)
5. Abdul Ghafoor Vs. Rahmat Ali & others AIR 3262/3141 1930 Oudh 245
6. Abdul Halim Khan Vs. Raja Saadat Ali Khan & 2164/2198, 2946/2803 Ors. AIR 1928 Oudh 155
7. Abdul Latif Vs. Nawab Khwaja Habibullah 1969 2227/2233 Calcutta Law Journal 28
8. Abdul Quadir Vs. Tahira 1997 (15) LCD 379 852/1156, 1046/1273
9. Abdul Rahman Vs. Prasony Bai and another, AIR 842/1150, 1017/1255 2003 SC 718
10. Abdulla Vs. Kunbammad, AIR 1960 Ker. 123 984/1232
11. Abdullah Ashgar Ali Khan Vs. Ganesh Dass, AIR 976/1225 1917 PC 201
12. Abdur Rahim Vs. Narayan Das Aurora AIR 1923 3270/ 3146 PC 44
13. Abinash Ch. Chowdhury Vs. Tarini Charan 2162/2197, 2258/2251 Chowdhury and others AIR 1926 Cal. 782
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45. Anantharazu Vs. narayanarazu 1913 (36) Mad. 2448/2450 383
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48. Angurbala Mullick Vs. D. Mullick, AIR 1951 SC 1707/1837, 1821/1918 293
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80. Bande Ali Vs. Rejaullah 25 Cr.L.J. 303 2239/2240
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85. Basant Kumar Roy Vs. Secretary of State for 2102/2171, 2222/2231, India & others AIR 1917 PC 18 2842/2728
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88. Behari Lal Vs. Narain Das, 1935 Lah. 475 2211/2219
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94. Bhinka and others Vs. Charan Singh 1959 2164/2198, 2246/2246, (Supp.) 2 SCR 798. 2258/2259
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98. Bhyah Ram Singh Vs. Bhyah Ujagar Singh, 13 2587/2541 MIA 373, PC
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110. Bishwanath Prasad Singh Vs. Rajendra Prasad 1054/1279 and another (2006) 4 SCC 432
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124. Bumper Development Corp. Ltd. Vs. 1703/1821, 1707/1828 Commissioner of Police of the Metropolis and others 1991 (4) All ER 638
125. Burns Vs. Ransley, (1944) 79 CLR 101 1221/1401
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134. Chandan Mull Indra Kumar & Others Vs. Chiman 3757/3794 Lal Girdhar Das AIR 1940 PC 3
135. Chandra Vs Narpat Singh 1906 (29) All 184 (PC) 3549/3566 5160
136. Chandu Lal Vs. Khalilur Rahman, AIR 1950 P.C. 917/1190 17
137. Chedha Singh and others Vs. Additional Civil 1149/1358 Judge, Moradabad and others, 1996 Supp. AWC 189
138. Chhote Khan & others Vs. Mal Khan & others 1397/1559, 2872/2750 AIR 1954 SC 575
139. Chhutkao Vs. Gambhir Mal AIR 1931 Oudh 45 3263/3141
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141. Chitar Mal Vs. Panchu Lal AIR 1926 All.392 1938/2020, 2611/2556, 2663/2584, 2664/2584, 2665/2585, 2673/2589, 2674/2590, 2680/2593
142. Collector of Masulipatam Vs. C. Vencata 4442/5011 Narainapah 8 MIA 500, 525
143. Collector, Gorakhpur Vs. Palakdhari ILR (1899) 3544/3564 12 All 1 at page 43
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146. Commissioner of Customs, Mumbai Vs. M/s. 635/977 Virgo Steels, Bombay and another AIR 2002 SC 1745
147. Commissioner of Endowments and others Vs. 960/1216 Vittal Rao and others (2005) 4 SCC 120
148. Commissioner of Income-tax Vs. Sri 1399/1560 Ramakrishna Deo AIR 1959 SC 239
149. Commissioner of Police & others Vs. Acharya 3501/3495, 4417/4998 Jagadishwarananda Avadhuta & another (2004) 12 SCC 770
150. Commissioner of Wakfs and another Vs. 3251/3134, 5161 Mohammad Moshin, AIR 1954 Calcutta 463 3338/3289
151. Commissioner, Hindu Religious Endowments, 713/1023, 726/1029, Madras Vs. Sri Lakshmindra Thirtha Swamiar of 732/1033, 736/1034, Sri Shirur Mutt AIR 1954 SC 282 744/1039, 1709/1842, 3500/3494 152. Cook Vs. Sprigg 1899 AC 572 4442/5011
153. Coral Indira Gonsalves Vs. Joseph Prabhakar 3580/3581 Iswariah AIR 1953 Mad. 858
154. D. N. Venkatarayappa & Anr. Vs. State of 2774/2668, 2907/2769, Karnataka & Ors. 1997 (7) SCC 567 2908/2769
155. Dalbir Singh & others Vs. State of Punjab AIR 3501/3495 1962 SC 1106
156. Dalmia Dadri Cement Co. Ltd. Vs. Commissioner 4446/5012 of Income-tax AIR 1958 SC 816
157. Damodar Das Vs. Adhikari Lakhan Das (1909-10) 1807/1909, 1809/1911, 37 IA 147 1938/2019, 1942/2027, 2663/2584, 2668/2586, 2678/2591, 2680/2593, 2709/2608
158. Damodar Das Vs. Lakhan Das and 64 I.A. 203 (= 2778/2674, 2855/2734 AIR 1937 PC 185)
159. Damodar Das Vs. Lakhandas 37 I.A. 147=1910 2854/2734 (37) ILR (Cal.) 885
160. Darshan Lal and others Vs. Shibji Maharaj 1811/1912 Birajman, AIR 1923 All. 120
161. Darshan Lal Vs. Dr. R.E.S. Dalliwall & another 3500/3493 AIR 1952 Alld. 825
162. Darshan Singh Vs. Gujjar Singh (2002) 2 SCC 62 2880/2753
163. Dasami Sahu Vs. Param Shameshwar Uma 2855/2734 Bhairabeshwar Bam Lingshar and Chitranjan Mukerji (1929) A.L.J.R. 473
164. Dattagiri Vs. Dattatrya (1904) 27 Bom 236 964/1219, 3270/3146
165. Deewan Singh and others Vs. Rajendra Pd. 846/1153, 1044/1272 Ardevi and others AIR 2007 SC 767 5162
166. Deo Kuer and another Vs. Sheo Prasad Singh and 2163/2197, 2261/2259, others, AIR 1966 SC 359 2262/2259
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168. Deoki Nandan Vs. Murlidhar & Ors. AIR 1957 1701/1821, 1707/1837, SC 133=1956 (1) SCR 756 1762/1872, 1820/1917, 2661/2583, 2733/2635
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170. Deutsch Asiatische Bank Vs. Hiralal Burdhan & 2652/2579 Sons 1918 (47) I.C. 122
171. Devi Singh Vs. Board of Revenue for Rajasthan 2902/2766 and others, (1994) 1 SCC 215
172. Dhan Singh Vs. Jt. Director of Consolidation, 841/1150, 916/1190, U.P. Lucknow and others, AIR 1973 All. 283 917/1190
173. Dharamarajan & Ors. Vs. Valliammal & Ors., 2774/2668, 2928/2791 2008 (2) SCC 741
174. Dharani Kanta Lahiri Vs. Gabar Ali Khan, (1913) 2207/2217 18 I.C. 17
175. Dhian Singh Sobha Singh Vs. Union of India AIR 633/975, 653/985, 1958 SC 274 657/987
176. Dhirendra Nath Gorai and Sabal Chandra Shaw 635/976 and others Vs. Sudhir Chandra Ghosh and others AIR 1964 SC 1300
177. Dinomoni Chowdhrani & Brojo Mohini 2239/2240, 2777/2669, Chowdhrani 29 IA 24 (PC) 3072/2883
178. Director of Endowments, Govt. of Hyderabad Vs. 4450/5013 Akram Ali AIR 1956 SC 60
179. District Basic Education Officer and another Vs. 2291/2273, 3330/3285 Dhananjai Kumar Shukla and another (2008) 3 SCC 481= AIR 2008 SCW 1224
180. Doongarsee Shyamji vs. Tribhuvan Das, AIR 1925/2008, 1926/2009 1947 All 375
181. Doulat Koer Vs. Rameshwari Koeri alias Dulin 2241/2240 Saheba (1899) ILR 26 Cal. 635 5163
182. Dr. M. Ismail Faruqui etc. Vs. Union of India and 5/15, 83/119, 190/184, others 1994 (6) SCC 360=AIR 1995 SC 605 191/184, 268/285, 846/1152, 1259/1416, 1708/1841, 2301/2292, 2600/2691, 2609/2555, 2616/2561, 2723/2615 2736/2636, 2870/2650, 3244/3131, 3502/3495, 3585/3583, 4049/4409, 4457/5015, 4566/5081
183. Dr. Mahesh Chand Sharma Vs. Smt. Raj Kumari 2774/2667, 2889/2758, Sharma & Ors. AIR 1996 SC 869 2909/2772
184. Draupadi Devi & Ors. Vs. Union of India & Ors. 2162/2197, 2418/2434, (2004) 11 SCC 425 3382/3309, 3383/3309, 3385/3310
185. Dukham Ram Vs. Ram Nanda Singh, AIR 1961 2262/2258 Pat. 425
186. Durgah Committee, Ajmer Vs. Syed Hussain Ali 1860/1960, 1864/1963 AIR 1961 SC 1402
187. Duvvuri Papi Reddi and others Vs. Duvvuri Rami 1936/2019 Reddi AIR 1969 AP 362
188. Dwijendra Narain Roy Vs. Joges Chandra De, 2411/2433, 2712/2610 AIR 1924 Cal 600
189. Dyke Vs. Walford 5 Moore PC 434 = 496-13 ER 4439/5010 557 (580
190. Ejas Ali Qidwai & Ors. Vs. Special Manager, 2774/2667, 2894/2759 Court of Wards, Balrampur Estate & Ors. AIR 1935 Privy Council 53
191. Ellappa Naicken Vs. K.Lakshmana Naicken & 2264/2259 others AIR (36) 1949 Madras 71
192. Emperor Vs. Bhaskar Balwant Bhopatkar, (1906) 1219/1400, 1222/1402 ILR 30 Bom 421
193. Emperor Vs. Panchu Das & Ors. AIR 1920 Cal 3544/3564 500 (FB)
194. Everest Coal Company Pvt. Ltd. Vs. State of 2254/2249 Bihar and others, 1978(1) SCC 12
195. Executive Committee of Vaish Degree College, 3502/3495, 4564/5078 Shamli & others Vs. Lakshmi Narain & others 5164 (1976) 2 SCC 58
196. Fakhruddin Vs. State of Madhya Pradesh AIR 3574/3579 1967 SC 1326
197. Faqruddin Vs. Tajuddin 2008 (8) SCC 12 3253/3135, 3271/3147, 3302/3238, 3303/3244
198. Farzand Ali Vs. Zafar Ali 46 IC 119 1404/1561
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200. Forward Construction Company Vs. Prabhat 1005/1245 Mandal (Regd.) 1986 (1) SCC 100
201. Fulbati Kumari Vs. Maheshwari Prasad Singh 1394/1558 AIR 1923 Patna 453
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203. Gangu Bai Vs. Soni 1942 Nagpur Law Journal 99 2223/2232
204. Ganpat Vs. Returning Officer (1975) 1 SCC 589 1851/1946
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207. Gedela Satchidananda Murthy Vs. Dy. Commr., 1700/1820, 1707/1834, Endowments Deptt., A.P. & Ors. (2007) 5 SCC 1866/1964 677
208. Ghanshyam Dass Vs. Dominion of India 1984 (3) 637/977, 638/978, SCC 46 656/986, 657/987, 661/988, 664/991
209. Girijanund Datta Jha & Anr. Vs. Sailajanund 2649/2576 Datta Jha 1896 ILR 23 Ca1. 645
210. Giyana Sambandha Pandara Sannadhi Vs. 683/1000, 685/1003 Kandasami Tambiran 1887 ILR Vol. 10 Madras 375
211. Gnanasambanda Pandara Sannadhi Vs. Velu 964/1219, 1765/1881, Pandaram and another (1899) 27 IA 69 2868/2747
212. Gobinda Narain Singh Vs. Sham Lal, AIR 1931 983/1232 P.C. 98=LR 58 IA 125 5165
213. Gokul Nathji Maharaj & Anr. Vs. Nathji Bhogi 1700/1820, 1707/1834, Lal AIR 1953 All. 552 1849/1944, 1910/1983
214. Gollaleshwar Dev Vs. Gangawwa Kom 1707/1837 Shantayya Math, AIR 1986 SC 231
215. Gopal Datt Vs. Babu Ram, AIR 1936 All 653 2917/2775
216. Gopal Krishnaji Ketkar Vs. Mahomed Jaffar 1396/1559 Hussein AIR 1954 SC 5
217. Gopalji Maharaj Vs. Krishna Sunder Nath Kaviraj 1818/1915 AIR 1929 All. 887
218. Gorie Gouri Naidu (Minor) and another Vs. 842/1150, 918/1190, Thandrothu Bodemma and others, AIR 1997 SC 1015/1254 808
219. Gossain Das Chunder Vs. Issur Chunder Nath 2839/2727, 2840/2727 1877 III ILR 3 (Cal.) 224
220. Goswami Ranchor Lalji Vs. Sri Girdhariji (1897) 2425/2438 20 All. 120
221. Goswami Shri Mahalaxmi Vahuji Vs. Shah 2930/2794 Ranchhoddas Kalidas, AIR 1970 SC 2025
222. Government of the Province of Bombay Vs. 630/975, 947/1207 Pestonji Ardeshir Wadia and Ors AIR 1949 PC 143
223. Government of West Bengal Vs. Nitya Gopal 3573/3578 Basak & others 1985 CRI.L.J. 202
224. Government of West Bengal Vs. Tarun K.Roy 1048/1274 2004 (1) SCC 347
225. Govind Raghunath Sawant Vs. B.A. Kakade & 2309/2295 Anr. 1975 ILR Bombay 829
226. Govindammal v. R. Perumal Chettiar and others 2851/2733 JT 2006(1) SC 121
227. Govindrao & others Vs. State of Madhya Pradesh 3386/3310 & others AIR 1982 SC 1201
228. Greenhalgh Vs. Mallard (1942) 2 All ER 225 1006/1246, 1007/1246 (CA)
229. Guda Vijayalakshmi Vs. Guda Ramchandra 924/1195 Sekhara Sastry, AIR 1981 SC 1143 5166
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238. Gurunath Vs.Kamalabai 1955 S.C. 206 2597/2550
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240. H.H. Shri Swamiji of Shri Amar Mutt and others 697/1008 Vs. Commissioner, Hindu Religious and Charitable Endowments Department and others 1979 (4) SCC 642
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249. Harihar Prasad Singh Vs. Deo Narain, AIR 1956 982/1232 SC 305
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258. Hukum Chand & Ors. Vs. Maharaj Bahadur 2438/2443, 2955/2810 Singh & Others AIR 1933 Privy Council 193
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261. Idol of Thakurji Shri Govind Deoji Maharaj, 1699/1819, 1707/1835, Jaipur Vs. Board of Revenue, Rajasthan, Ajmer & 1708/1841, 1843/1939, Ors. AIR 1965 SC 906 2596/2549
262. Iftikhar Ahmed Vs. Syed Meharban Ali 1974 (2) 894/1182 5168 SCC 151
263. Inacio Martins Vs. Narayan Hari Naik, 1993(3) 1045/1273 SCC 123
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268. Ishwari Bhubanshwari Thakurani Vs. Brojo Nath 2778/2674 Dey
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274. Jagadish Chandra Deo Vs. Debendra Prosad 656/986, 656/987 Bagehi Bahadur and Ors. AIR 1931 Cal 503
275. Jagannath vs. Tirthnanda Das AIR 1952 Orissa 1943/2028 312
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277. Jagdeo Misir Vs. Mahabir Tewari, AIR 1927 All. 915/1189 803 5169
278. Jai Narain Parasrampuria and others Vs. Pushpa 844/1152, 846/1153, Devi Saraf and others 2006 (7) SCC 756 1024/1261, 1044/1272
279. Jamal Uddin & Anr. Vs. Mosque at Mashakganj 2162/2197, 2230/2234, & Ors. AIR 1973 Allahabad 328 3422/3343
280. Jamshed Ji Vs. Soonabai, (1909) 22 Bom 122 739/1037
281. Jamshedji Cursetjee Tarachand Vs. Soonabai & 3500/3493 others 1 Indian Cases (1907) 834 (Bom.)
282. Jamshedji Cursetjee Tarachand Vs. Soonabai, ILR 4414/4997 (1909) 33 Bom. 122
283. Jangu & others Vs. Ahmad Ullah & others 1889- 3254/3135, 3256/3137, 1891 ILR 13 (All.) 419 4540/5068
284. Janki Kunwar Vs. Ajit Singh (1888) ILR 15 Cal 2166/2199, 2398/2424 58
285. Jaswant Singh Vs. Custodian of Evacuee Property 919/1190 1985 (3) SCC 648
286. Jattu Ram Vs. Hakam Singh, 1993 (4) SCC 403 3095/2897
287. Jenkins Vs. Robertson, (1867) LRIHL 117 899/1183
288. Jetmull Bhojraj Vs. The Darjeeling Himalayan 2289/2273 Railway Co. Ltd. And others AIR 1962 SC 1879
289. Jindu Ram Vs. Hussain Baksh & Anr. AIR 1914 3269/3145 Lahore 444
290. Jodhi Rai Vs. Basdeo Prasad, 8 ALJ 817=(1911) 1810/1911, 2117/2176, ILR 33 Allahabad 735 2118/2176, 2661/2583, 2711/2609
291. Jogendra Nath Naskar Vs. Commissioner of 1691/1806, 1701/1820, Income-Tax, Calcutta (1969) 1 SCC 555 1707/1837, 1708/1841, 1771/1881, 1789/1888, 1790/1888, 2661/2583, 2704/2605
292. Joseph Pothen Vs. The State of Kerala AIR 1965 3897/4175 SC 1514
293. Jujjuvarapu Vs. Pappala, AIR 1969 A.P. 76 949/1208
294. Jurawan Singh & Ors. Vs. Ramsarekh Singh & 2265/2260 Others AIR 1933 Patna 224
295. K. Ethirajan Vs. Lakshmi and others, AIR 2003 840/1149, 903/1185, 5170 SC 4295 995/1238, 997/1242
296. K. Manahunaitha Desikar Vs. Sundaralingam, 1707/1837, 2116/2175, AIR 1971 Madras 1 (FB) 2594/2547, 2605/2554, 2656/2581
297. K. Sundaresa Iyer Vs. Sarvajana Sowkiabi Virdhi 2262/2257 Nidhi Ltd., AIR 1939 Madras 853
298. K.G. Premshanker Vs. Inspector of Police & 3039/2863, 3040/2863 another JT 2002 (8) SCC 87
299. K.S. Prahladsinhji Vs. Chunilal B. Desai AIR 2239/2240 1950 Saurashtra 7
300. Kadarbhai Mahomedbhai and another Vs. 1282/1443 Haribhari Ranchhodbhai Desai and another, AIR 1974 Gujarat 120
301. Kailasam Pillai Vs. Nataraja Thambiran and Ors. 685/1003 1910 I.L.R. 33 Madras 265 at page 267
302. Kalanka Devi Sansthan Vs. The Maharashtra 1701/1821, 1707/1837, Revenue, Tribunal Nagpur and Ors. AIR 1970 SC 1708/1841, 1795/1899 439
303. Kali Charan Mukerji Vs. Emperor (1909) 9 3576/3580 Cr.L.J. 498.
304. Kali Kinkor Ganguly Vs. Panna Banerjee & Ors. 1702/1821, 1707/1832, AIR 1974 SC 1932 1800/1901
305. Kali Prasad Misir and others Vs. Harbans Misir 2167/2199, 2444/2448, AIR 1919 All 383 2446/2450
306. Kalikanta Chatterjee & Ors. Vs. Surendra Nath 1840/1937 Chakravarty & Ors. AIR 1925 Calcutta 648
307. Kalipada De Vs. Dwijapada Das, AIR 1930 PC 896/1182 22
308. Kallan Vs. Mohammad Nabikhan, 1933 ALJ 105 2211/2219
309. Kamala and others Vs. K.T. Eshwara Sa and 2282/2271 others AIR 2008 SC 3174
310. Kamaraju Venkata Krishna Rao Vs. Sub- 1707/1837, 1870/1965 Collector, Ongole, AIR 1969 SC 563
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312. Kanakku Vs. Neelacanta, AIR 1969 (Kerala) 280 641/979
313. Kanhaiya Lal Vs. Girwar, 1929 ALJ 1106 2210/2218
314. Kanhaya Lal Vs. Hamid Ali, AIR 1933 PC 198 2120/2177
315. Kanhiya Lal Vs. Ashraf Khan AIR 1924 Alld. 355 948/1207
316. Kanoria Chemicals and Industries Ltd and others 3120/2967 Vs. U.P. State Electricity Board and others, JT 1997(2) SC 545
317. Kapoor Chand & Others Vs. Ganesh Dutt and 2733/2634 others 1993 (Supp.) 4 SCC 432
318. Karan Singh Vs. Bakar Ali Khan, (1882) 5 All 1 2201/2215
319. Karbalai Begum Vs. Mohd. Sayeed (1980) 4 SCC 2875/2751 396
320. Karnataka Board of Wakf Vs. Government of 2934/2798, 2935/2798, India & others (2004) 10 SCC 779 2948/2805, 3049/2869
321. Kasi Mangalath Illath Vishnu Nambudiri & Ors 1702/1821, 1707/1832, Vs. Pattath Ramunni Marar & Ors. AIR 1940 1838/1935 Madras 208
322. Kasturi Vs. Iyyamperumal and Ors. 2005 (6) SCC 2121/2177 733
323. Kerala State Electricity Board and another Vs. 3118/2966 M.R.F. Limited and others, 1996 (1) SCC 597
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326. Khalil Ahmad and another Vs. Sheikh Mohd. 3260/3140 Askari and others, AIR 1965 Allahabad 320
327. Khaw Sim vs. Chuah Hooi (1922) 49 I.A.37 2854/2734
328. Khetter Chunder Ghose Vs. Hari Das 1702/1821, 1707/1832, Bundopadhya (1890) 17 ILR Cal. 557 1773/1882, 1774/1882, 2695/2602
329. Khetter Chunder Mookerjee Vs. Khetter Paul 3045/2866 Sreeterutno 1880 ILR 5 (Calcutta) 886
330. Kishore Joo Vs. Guman Behari Joo Deo, AIR 1825/1926 5172 1978 All.-1
331. Krishna Behary Ray Vs. Bunwari Lal Ray, (1875) 886/1175 1 Cal. 144 (146)
332. Krishna Chendra Gajapati Narayana Deo Vs. 841/1150, 1000/1243 Challa Ramanna and others, AIR 1932 P.C. 50
333. Krishna Singh v. Mathura Ahir AIR 1980 SC 707 3303/3245
334. Krishna Singh Vs. Mathura Ahir, AIR 1972 1707/1837 Allahabad 273
335. Kuarmani Singha Vs. Wasif Ali Murza 1915(28) 2652/2579 I.C. 818
336. Kumaravelu Chettiar and others Vs. T.P. 955/1210 Ramaswami Ayyar and others, AIR 1933 PC 183
337. Kumaun Mandal Vikas Nigam Ltd. Vs. Girja 3772/3802 Shankar Pant 2001 (1) SCC 182
338. Kunwar Darganath Vs. Ramchunder 4 I.A. 52 1940/2025 (P.C.)
339. Kunwar Singh Vs. Sri Thakurji Mahraj, Birajman 1709/1842 Mandir Gauntia Majra Dhamipur, Pargana and Tahsil Nawabganj, District Bareilly, 1992 (2) AWC 890
340. Kuthali Moothavur Vs. P. Kunharankutty AIR 2950/2806 1922 PC 181
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345. Lala Shiam Lal Vs. Mohamad Ali Asghar Husain 2442/2446, 2448/2450 AIR 1935 All 174
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347. Lalmani Devi & others Vs. Jagdish Tiwary & 3039/2862 others AIR 2005 Pat. 51
348. Lalta Prasad Vs. Emperor 5 IC 355 3569/3577
349. Land Acquisition Officer and Mandal Revenue 3046/2866 Officer Vs. V. Narasaiah (2001) 3 SCC 530
350. Laxman Siddappa Naik vs. Kattimani Chandappa 1403/1560 Jampanna and others AIR 1968 SC 929
351. Legal Remembrancer Vs. Corporation of Calcutta 4442/5011 (1967) 2 SCR 170, 204
352. Limba Bin Krishna and others Vs. Rama Bin 4470/5023 Pimplu and anothers, 1889(13) ILR (Bom) 548
353. Lumley Vs. Wagner, (1865) 1 Eq. 411 4465/5020
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356. M.V.S. Manikyala Vs. Narashimahwami AIR 2420/2436 1966 SC 470
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358. M/s Hulas Rai Baij Nath Vs. Firm K.B. Bass and 845/1152, 1028/1263, co. AIR 1968 SC 111 1031/1265
359. M/s Kamakshi Builders Vs. M/s Ambedkar 2777/2669, 2990/2827 Educational Society and others AIR 2007 SC 2191
360. M/s Karam Chand Ganga Prasad & another Vs. 3040/2864 Union of India & others 1970 (3) SCC 694
361. M/s Radhasoami Satsang, Saomi Bagh, Agra Vs. 734/1034 Commissioner of Income Tax 1992 (1) SCC 659
362. Madan Mohan Saha Banik and Ors. Vs. Rakhal 2699/2604 Chandra Saha Banik and Ors., AIR 1930 Calcutta 173
363. Madhavan Vs. Chathu AIR (38) 1951 Madras 285 948/1207
364. Madho Kunbi Vs. Tilak Singh AIR 1934 Nagpur 2239/2240 5174 194
365. Magan Bihari Lal Vs. State of Punjab AIR 1977 3567/3576 SC 1091
366. Mahadeo Prasad Singh and others Vs. Karia 2916/2774 Bharthi, AIR 1935 PC 44
367. Mahadev Dattatraya Rajarshi Vs. Secretary of 638/978 State for India AIR 1930 Bom 367
368. Mahamaya Devi Vs. Hari Das Haldar AIR (2) 1940/2025 1915 Cal. 161
369. Mahant Harnam Singh Vs. Gurdial Singh and 958/1214 another, AIR 1967 SC 1415
370. Mahant Ram Saroop Dasji Vs. S.P.Sahi, Special 1699/1819, 1707/1835, Officer-in-charge of Hindu Religious Trusts and 1787/1887, 2596/2549 others AIR 1959 SC 951
371. Mahant Shri Srinivasa Ramanuj Das Vs. Surayan 1402/1560, 1406/1561, Dass & Anr. AIR 1967 SC 256 3500/3494
372. Mahanth Ram Charan Das. Vs. Naurangi Lal 2652/2580, 2709/2608 (1933) L.R. 60 I.A. 124
373. Maharaja Jagadindra Nath Roy Bahadur V. Rani 2855/2734 2856/2735 Hemanta Kumari Debi (1904) 1 A.L.J.R.585
374. Maharaja Sir Kesho Prasad Singh Bahadur Vs. 2774/2667, 2922/2779, Bahuria Mt. Bhagjogna Kuer and others AIR 2950/2806 1937 Privy Council 69
375. Maharana Futtehsangji Vs. Dessai Kullianraiji, 2180/2207 (1873) LR 1 IA 34
376. Maharanee Shibessouree Debia Vs. Mothornath 1771/1881, 2691/2599 Acharjo (1869) 13 M.I.A. 270
377. Mahdav Rao Waman Vs Raghunath Venkatesh, 2778/2671 AIR 1923 PC 205
378. Mahendra Manilal Nanavati Vs. Sushila 1993/2071 Mahendra Nanavati, AIR 1965 SC 364
379. Mahila Bajrangi Vs. Badribai (2003) 2 SCC 464 1053/1279
380. Manindra Land And Building Corporation Ltd. 2290/2273 Vs. Bhutnath Banerjee and others AIR 1964 SC 1336 5175
381. Manohar Ganesh Tambekar & Ors. Vs. 1699/1820, 1707/1832, Lakhmiram Govindram & Ors. (1888) ILR 12 1707/1837, 1770/1878, Bom 247 1791/1893, 2704/2605
382. Manohar Lal Chopra Vs. Rai Bahadur Rao Raja 1037/1269 Seth Hiralal AIR 1962 SC 527
383. Manohar Mukherji Vs. Bhupendra Nath AIR 1932 1819/1916 Cal 791
384. Maqbul Ahmad Vs. Onkar Pratap Narain Singh, 2289/2273, 2432/2440 AIR 1935 PC 85
385. Marawthwada Wakf Board Vs. Rajaram Ramjivan 1147/1357 Manthri and others, AIR 2002 Bom. 144
386. Masjid Shahid Ganj v. Shiromani Gurudwira 1945/2033, 2248/2248, Parbandhak Committee, Amritsar, 67 Ind. App. 2720/2614, 2736/2636 251 at p.264 (P.C.)
387. Mata Palat Vs. Beni Madho AIR 1914 All 184 2167/2199, 2445/2449
388. Mathura Lal Vs. Bhanwar Lal and another 1979 2247/2246 (4) SCC 665
389. Mathura Prasad Sarjoo Jaiswal and others Vs. 907/1186, 908/1187 Dossibai AIR 1971 SC 2355
390. Matuka Mistry Vs. Kamakhaya Prasad, AIR 1958 930/1197 (Patna) 264 (FB)
391. Maulvi Mohammad Fahimal Haq Vs. Jagat Ballav 2439/2443 Ghosh AIR 1923 Patna 475
392. Mayuram Subramanian Vs. CBI, (2006) 5 SCC 2778/2675 752
393. Md. Mohammad Ali Vs. Jagadish Kalita & Ors. 2381/2411, 2881/2753, (2004) 1 SCC 271 2915/2774
394. Meer Mahomed Israil Khan Vs. Sashti Churn 1087/1311 Ghose and others, 19 ILR (Calcutta) (1892) 412
395. Middllings P Co. Vs. Christian, 4 Dillon 448 3592/3587
396. Midnapur Zamindary Co. Ltd. Vs. Kumar Naresh 841/1150, 913/1189, Narayan Roy and others, AIR 1924 P.C. 144 1001/1244
397. Miru & others Vs. Ramgopal AIR 1935 All. 891 3369/3304
398. Miss Talat Fatima Hasan Vs. His Highness 2286/2272 5176 Nawab Syed Murtaza Ali Khan Sahib Bahadur and others AIR 1997 All. 122
399. Mitta Kunth Audhicarry Vs. Neerunjun 4470/5023 Audhicarry, 14 Beng. L.R. 166
400. Modi Nathubai Motilal v. Chhotubhai Manibhai 2812/2701 Besai, AIR 1962 Guj. 68
401. Mohabharat Shaha Vs. Abdul Hamid Khan (1904) 2421/2436 1 CLJ 73
402. Mohammad Baqar and another Vs. S. Mohammad 1112/1328, 1140/1349, Casim and others, AIR 1932 Oudh 210 1141/1349
403. Mohammad Shah Vs. Fasihuddin Ansari & others 2378/2410 AIR 1956 SC 713 2985/2824, 3053/2871
404. Mohan Lal v. Mirza Abdul Gaffar (1996) 1SCC 2933/2797, 2935/2798 639
405. Mohd. Ata Husain Khan Vs. Husain Ali Khan, 2439/2443 AIR 1944 Oudh 139
406. Mohd. Saleh Vs. Ram Ratan AIR 1924 Nagpur 273/301 156
407. Mohd. Zainulabudeen Vs. Sayed Ahmad 2878/2752 Mohideen (1990) 1 SCC 345
408. Mohima Chundar Mozoomdar & Ors. Vs. 2162/2197, 2204/2216 Mohesh Chundar Neogi & Ors. 16 Indian Appeals (1888-1889) 23
409. Mohori Bibee Vs. Dharmodas Ghose (1902) 30 2668/2586 I.A. 114 (P.C.).
410. Monindra Mohan Banerjee and others Vs. The 4472/5023 Shamnagar Jute Factory Co. Ltd. and another, 1938-39 (43) CWN 1056
411. Mosque known as Masjid Shahid Ganj & Ors. Vs. 2586/2540, 2774/2667, Shiromani Gurdwara Parbandhan Committee, 2778/2673, 2861/2736, Amritsar and another AIR 1940 Privy Council 2953/2809, 3297/3220, 116 3303/3250, 3562/3574
412. Mosque Known as Masjid Shahid Ganj Vs. 4053/4411 Shiromani Gurdwara Prabandhak Committee, Amritsar, AIR 1938 Lahore 369 5177
413. Most Rev. P.M.A. Metropolitan and others Vs. 717/1026, 721/1027, Moran Mar Marthoma and another, 1995 (Supple) 976/1225, 977/1226, (4) SCC 286 986/1232, 987/1233, 3500/3494
414. Motichand Vs. Munshi, AIR 1970 SC 898 2192/2212
415. Ms. Aruna Roy and others Vs. Union of India and 720/1027 others, JT 2002 (7) SC 103
416. Mst. Bhagwanti Vs. Mst. Jiuti and another, AIR 1282/1443 1975 Allahabad 341
417. Mst. Rukhmabai Vs. Lala Laxminarayan & Ors. 2162/2197, 2408/2431, AIR 1960 SC 335 2420/2436
418. Mst. Sudehaiya Kumar and another Vs. Ram Dass 1061/1283 Pandey and others, AIR 1957 All. 270
419. Mt. Bolo Vs. Mt. Koklan and others AIR 1930 2162/2197, 2163/2198, Privy Council 270 2419/2436
420. Mt. Titli Vs. Alfred Robert Jones AIR 1934 All. 3571/3577, 3588/3585 273
421. Muhammad Araf Vs. Satramdas Sakhimal & 2239/2240 others AIR 1936 Sind 143
422. Mukkammal Vs. Kalimuthu Pillay 15 Ind Cas 852 1031/1265, 1036/1269 (Mad)
423. Muktakeshi Patrani & Ors. Vs. Midnapur 2449/2451 Zamindari Co. Ltd. AIR 1935 Patna 33
424. Mukundji Mahraj Vs. Persotam Lalji Mahraj AIR 1702/1821, 1707/1832, 1957 Allahabad 77 1836/1934, 2113/2174, 2698/2603
425. Munesh Kumar Agnihotri and others Vs. Lalli 852/1156, 1046/1273 Prasad Gupta AIR 1989 (Alld.) 202
426. Murarilal Vs. State of M.P. AIR 1980 SC 531 3564/3575
427. Musaheb Khan Vs. Raj Kumar Bakshi, AIR 1938 3259/3139, Oudh 238
428. Musammat Phutania Vs. Emperor 25 Cr.L.J. 1109 2240/2240
429. Musheer Khan @ Badshah Khan & Anr. Vs. State 3590/3587 of Madhya Pradesh AIR 2010 SC 762
430. Mussammat Lachhmi Vs. Mussammat Bhulli, 882/1169 5178 1927 ILR (VIII) 384
431. Must. Salamat Begam Vs. S.K. Ikram Husain 2422/2437 (1933) 145 IC 728
432. Mysore State Electricity Board vs. Bangalore 986/1232 Woollen, Cotton and Silk Mills Ltd. and Ors., AIR 1963 SC 1128
433. N. Adithayan Vs. Travancore Devaswom Board, 4416/4997 2002 (8) SCC 106
434. N. Nagendra Rao & Co. v. State of Andhra 3324/3277 Pradesh AIR 1994 SC 2663
435. N.C. Ramanatha Iyer Vs. Board of 1826/1927, 3252/3135 Commissioners for Hindu Religious Endowments, Madras AIR 1954 Madras 492
436. Nagendra Nath Palit Vs. Robindra Narain Deb, 2708/2608 AIR 1926 Cal. 490
437. Nagubai Ammal and others Vs. B. Shama Rao 2776/2669, 2897/2762 and others AIR 1956 SC 593
438. Nair Service Society Limited Vs. K. C. Alexander 2588/2542, 2774/2667 and others AIR 1968 SC 1165
439. Nallor Marthandam Vellalar and others Vs. 735/1034 Commissioner, Hindu Religious and Charitable Endowments and others 2003 (10) SCC 712
440. Nanhekhan Vs. Sanpat AIR 1954 Hyd 45 (FB) 2193/2213
441. Narayan Bhagwantrao Gosavi Balajiwale Vs. 1701/1821, 1788/1888, Gopal Vinayak gosavi & Ors. AIR 1960 SC 100 2127/2179, 4529/5064
442. Narayana Dutt and another Vs. Smt. Molini Devi, 930/1197 AIR 1964 (Rajasthan) 269
443. Narayana Prabhu Venkateswara Prabhu Vs. 1061/1283 Narayana Prabhu Krishna Prabhu, AIR 1977 SC 1268
444. Narne Rama Murthy Vs. Ravula Somasundaram 2282/2270 and others 2005 (6) SCC 614
445. Nata Padhan & Ors. Vs. Banchha Baral & Ors. 2451/2452 AIR 1968 Orissa 36
446. Nathoo Lal Vs. Durga Prasad AIR 1954 SC 355 2279/2269 5179
447. National Insurance Co. Ltd. Vs. Mastan and 2776/2669, 2901/2765 another 2006 (2) SCC 641
448. Naurangi Lal & Others Vs. Ram Charan Das AIR 1938/2019, 2652/2579, 1930 Patna 455 2709/2608
449. Nawab Muhammad Amanulla Khan Vs. Badan 2162/2197, 2205/2216 Singh & Ors. 16 Indian Appeals (1888-1889) 148
450. Nawab Zain Yar Jung and others Vs. Director of 3424/3347 Endowments and another AIR 1963 SC 985
451. Neale Vs. Turton (1827) 4 Bing. 149 1237/1407
452. Nilmony Singh Vs. Jagabandhu Roy (1896) 23 3270/ 3146 Cal 536
453. Norendranath Masumdar, v. The State, AIR 1951 2812/2700 Cal 140.
454. Official Trustee of West Bengal Vs. 1707/1837, 1708/1841, Commissioner of Income-tax, AIR 1974 SC 1355 1798/1900
455. P. K. Vijayan Vs. Kamalakshi Amma and others, 842/1150, 1012/1251, AIR 1994 SC 2145 1014/1254
456. P. Periasami Vs. P.Periathambi & Ors., 1995 (6) 2774/2668, 2932/2797 SCC 523.
457. P.Lakshmi Reddy Vs. L.Lakshmi Reddy AIR 2259/2256, 2412/2433, 1957 SC 314 2713/2610, 2774/2668, 2844/2729, 2873/2750, 2878/2752
458. P.T. Munichikkanna Reddy & Ors. Vs. Revamma 2282/2271, 2774/2667, & Ors. AIR 2007 SC 1753 2849/2731,
459. P.V. Durrairajulu Vs. Commissioner of Hindu 1707/1833 Religious Trusts, AIR 1989 Madras 60
460. P.V. Sadavarty Vs. Commissioner of Income-tax, 1707/1837 AIR 1963 SC 510
461. Palani Goundan Vs. Peria Gounden, 1941 Mad 2592/2546 158
462. Palaniappa Chetty and Anr. Vs. Deivasikamony 2650/2577 Pandara 1917 L.R. 44 I.A. 147
463. Palaniswamy Vaiyapuri Vs. State AIR 1968 3572/3578 Bombay 127 5180
464. Pamulapati Buchi Naidu College Committee 1265/1418, 1271/1423 Nidubroly and Ors. Vs. Government of Andhra Pradesh and Ors. AIR 1958 A.P. 773
465. Panchanan Dhara and others Monmatha Nath 2282/2271 Maity and another 2006 (5) SCC 340
466. Pandohi Ahir Vs. Faruq Khan and another AIR 4561/5074 1954 All. 191
467. Pandurang Dhondi Chougule Vs. Maruti Hari 892/1181 Jadhav AIR 1966 SC 153
468. Pandurang Kalu Patil and another Vs. State of 1809/1911 Maharashtra, AIR 2002 SC 733
469. Panna Lal Biswas Vs. Panchu Raidas AIR 1922 2164/2198, 2425/2437, Cal. 419 2427/2438, 2428/2439, 2429/2439, 2579/2537
470. Pappy Amma Vs. Prabhakaran Nair AIR 1972 2225/2233, 2251/2249 Kerala 1 (FB)
471. Parmanand Vs. Nihal Chand AIR 1938 PC 195 1786/1887
472. Parmeshwari Devi and others Vs. Khusali Mandal 2071/2139 and others, AIR 1957 Patna 482
473. Parsinnin Vs. Sukhi (1993) 4 SCC 375 2890/2758, 2949/2806
474. Partab Bahadur Singh, Taluqdar Vs. Jagatjit Singh 2162/2197, 2164/2198, AIR 1936 Oudh 387 2404/2427, 2405/2429
475. Parthasaradi Ayyangar and others Vs. 888/1175 Chinnakrishna Ayyangar and others Vol. V ILR Madras Series (1882) 304
476. Parwatabai Vs. Sona Bai 1996 (10) SCC 266 2889/2758
477. People's Union for Civil Liberties Vs. U.O.I. 3771/3802 2005(5) SCC 363
478. Perumal Mudaliar Vs. South Indian Railway 3579/3580 Company Ltd. AIR 1937 Mad. 407
479. Perumal Vs. Devarajan & others AIR 1974 Mad. 3039/2862 14
480. Pierce Leslie and Co. Ltd. Vs. Miss Violet 2166/2199, 2400/2425, Ouchterlony Wapsnare AIR 1969 SC 843 4441/5011 5181
481. Ponnu Nadar and others Vs. Kumaru Reddiar and 2406/2429 others, AIR 1935 Madras 967
482. Poohari Fakir Sadavarthy Vs. Commissioner, 1699/1819, 1707/1833, H.R. & C.E. AIR 1963 SC 510 1827/1927
483. Pooranchand Vs. The Idol Shri Radhakrishnaji & 1873/1966 another AIR 1979 MP 10
484. Prabhu Narain Singh Vs. Ram Niranjan & Ors. 2774/2668, 2912/2772 AIR 1983 All 223
485. Prabodh Verma & others Vs. State of U.P. and 2124/2178 others AIR 1985 SC 167
486. Pragdasji Guru Bhagwandasji Vs. Ishwarlalbhai 943/1204 Narsibhai 1952 SCR 513
487. Prajapati and others Vs. Jot Singh and others AIR 2167/2199, 2422/2437, 1934 All 539 2446/2450
488. Prakash Das Vs. Janki Ballabha Saran AIR 1926 1938/2020 Oudh 444
489. Pramath Nath Mullick Vs. Pradhyumna Kumar 1700/1820, 1707/1835, Mullick & Anr. AIR 1925 PC 139 1784/1886, 1806/1909, 1814/1913, 1815/1913, 1869/1965, 2604/2554, 2685/2597, 2695/2601, 2711/2609
490. Pranshankar Vs. Prannath Mahanand, 1 Bom H. 4470/5023 C. Rep. 12
491. Prem Narain Vs. Ram Charan and others, AIR 914/1189 1932 P.C. 51
492. Prema Chanda Barik Vs. Prafulla Kumar 1036/1269 Mohanty AIR 1988 Orissa 33
493. Premier Cable Co. Ltd. Vs. Government of India 842/1150, 1016/1255 and others, AIR 2002 SC 2418 494. Priddle Vs. Napper 6 Coke IA 1777 893/1182
495. Pritam Dass Mahant Vs. Shiromani Gurdwara 1834/1933 Prabandhak Committee, AIR 1984 SC 858
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499. Prosanna Kumari Debya Vs. Golab Chand Baboo, 1771/1881, 1772/1881, LR 2 IA 145 1940/2025, 2645/2575, 2692/2599, 2693/2600, 3030/2853
500. Province of Bihar Vs. Kamakshya Narain Singh 653/985, 657/987 AIR 1950 Patna 366
501. Punjab Wakf Board, Ambala Vs. Capt. Mohar 3264/3142 Singh AIR 1975 SC 1891
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504. Purushotama Reddiar Vs. S Perumal AIR 1972 3554/3567 SC 608
505. Qadir Bux Vs. Ramchand and others AIR 1970 2225/2233, 2774/2667, All. 289 2924/2781
506. Queen-Empress Vs Abdullah ILR (1885) 7 All 3544/3564 385 (FB)
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508. R. Venugopala Naidu and others Vs. 958/1215 Venkatarayulu Naidu Charities and others, AIR 1990 SC 444
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512. R.N. Gosain Vs. Yashpal Dhir 1992 (4) SCC 683 2776/2669, 2900/2765
513. Rabindra Nath Vs. Chandi Charan AIR 1932 Cal 2119/2176 117 5183
514. Radhakishan and another Vs. State of Rajasthan 1140/1349, 1141/1349, and others, AIR 1967 Rajasthan 1 1146/1357
515. Radhakrishna Das Vs. Radha Ramana Swami & 1939/2020, 1940/2024, others AIR (36) 1949 Orissa 1 2440/2444, 2611/2556
516. Radhamoni Debi Vs. Collector of Khulna, 27 Ind 2844/2729 App. 136 at p. 140 (PC)
517. Radharani Vs. Binodamoyee AIR 1942 Cal. 92 923/1194
518. Radhasoami Satsang Sabha Dayalbag Vs. 1265/1419, 1271/1423 Hanskumar Kishanchand AIR 1959 MP 172
519. Ragho Prasad Gupta Vs. Krishna Poddar AIR 940/1200 1969 SC 316
520. Raghunath Das Vs. Union of India and another 626/973 AIR 1969 SC 674
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522. Rahmat-ullah Vs. Shamsuddin 1913 (11) ALJ 877 2444/2449
523. Rais Ahmad Vs. State of U.P. & others (1999) 6 3500/3493 SCC 391
524. Raj Kumari Devi Vs. Nirtya Kali Debi (1910) 7 1031/1265, 1036/1269 Ind Cas 892 (Cal)
525. Raja Gopa Chettiar Vs. Hindu Religion 929/1197 Endowment Board, Madras, AIR 1934 Madras 103
526. Raja Muttu Ramalinga Setupati Vs. 1867/1964 Perianayagum Pillai, 1 IA 209
527. Raja Rajgan Maharaja Jagatjit Singh Vs. Raja 2162/2197, 2405/2429, Partab Bahadur Singh AIR 1942 Privy Council 47 2774/2667, 2914/2773
528. Raja Rajinder Chand Vs. Mst. Sukhi and others 4444/5011 AIR 1957 S.C. 286
529. Raja Ram Maize Products Vs. Industrial Court of 2439/2444 M.P. 2001 (4) SCC 492
530. Raja Ramaswami (dead) and Ors. Vs. 2166/2199, 2401/2426 Govindammal and Ors. AIR 1929 Mad 313
531. Raja Shumsher Bahadoor Vs. Mirja Mahomed Ali 1036/1268 5184 (1867) Agra H.C.R. 158
532. Rajah of Venkatagiri Vs. Isakapalli Subbiah & 2162/2197, 2255/2250, Ors. ILR (26) Madras 410 2425/2438
533. Rajah of Venkatgiri Vs. Provinces of Madras AIR 923/1194 (34) 1947 Madras 5
534. Rajendra Singh & others Vs. Santa Singh AIR 2289/2273 1973 SC 2537
535. Ram Bharos Lall Vs. Gopee Beebee (1874) 6 1031/1265, 1036/1268 NWP 66
536. Ram Chandra Mission Vs. Umesh Chandra 845/1152, 1042/1272 Saxena and others 1997 ACJ 896
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540. Ram Gobinda Daw Vs. Smt. H. Bhakta Bala 951/1209 Dassi, AIR 1971 SC 664
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542. Ram Kirpal Vs. Rup Kuari (1883) ILR 6 (Alld.) 889/1179 269 (P.C.)
543. Ram Lal & another Vs. Board of Revenue & 2595/2547 Others, 1990 (1) RLR 161
544. Ram Murti Vs. Puran Singh AIR 1963 Punjab 393 2193/2213
545. Ram Nandan Vs. State, AIR 1959 All 101 1222/1402
546. Ram Naresh Vs. State of U.P. 2003 (21) LCD 852/1156, 1046/1273 1120
547. Ram Parkash Das Vs. Anand Das and Ors. AIR 686/1003 5185 1916 Privy Council 256
548. Ram Ratan Lal Vs. Kashi Nath Tewari, AIR 1966 1929/2012 Patna 235
549. Ram Sarup Gupta Vs. Bishun Narain Inter 3981/4294 College & others AIR 1987 SC 1242
550. Ram Sumer Puri Mahant Vs. State of U.P. and 2245/2243 others 1985 (1) SCC 427
551. Rama Shankar Singh & another Vs. Shyamlata 2289/2273 Devi & another others AIR 1970 SC 716
552. Ramana Dayaram Shetty Vs. International Airport 1215/1398 Authority of India and others, 1979 (3) SCC 489
553. Ramareddy Vs. Ranga 1925 ILR 49 Mad 543 2596/2548
554. Rambrahma Chatterjee Vs. Kedar Nath Banerjee 1781/1885, 1783/1886, AIR 1923 Cal 60 1784/1886, 2685/2596
555. Ramesh B. Desai and others Vs. Bipin Vadilal 2281/2270 Mehta and others 2006 (5) SCC 638
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560. Ramnik Vallabhdas Madhvani and others Vs. 1048/1274 Taraben Pravinlal Madhvani (2004) 1 SCC 497
561. Ramprakash vs. Ananda Das 43 Cal.707 2854/2734
562. Ramzan & Anr. Vs. Mohammad Ahmad Khan 2859/2736 AIR 1936 Oudh 207
563. Ramzan & Ors. Vs. Smt. Gafooran Ors. AIR 2008 2774/2668, 2913/2773, All 37 2923/2780
564. Ranchordas Vandravandas Vs. Parvatibai 29 I.A. 2196/2214, 2289/2211 71 (P.C.) 5186
565. Ranee Sonet Kowar Vs. Mirza Himmut Bahadoor 4442/5011 (2) LR 3 IA 92, 101,
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567. Rao Bahadur Man Singh Vs. Maharani 2855/2734 Nawlakhbati (1926) 24 A.L.J.R. 251
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570. Re B. Venkata Row (1913) 36 Mad. 159 3575/3579
571. Re Pachiripalli Satyanarayanan, AIR 1953 Mad 2812/2701
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573. Roop Singh Vs. Ram Singh (2000) 3 SCC 708 2879/2752
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577. S. R. Bommai and others Vs. Union of India and 734/1033 others AIR 1994 SC 1918
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580. S.N. Dutt Vs. Union of India, AIR 1961 SC 1449. 638/978
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582. Saddiq Ali Vs. State 1981 CrLJ 379 3553/3567
583. Sadhuram Bansal Vs. Pulin Behari Sarkar and 2246/2246 5187 others 1984 (3) SCC 410
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585. Sailendra Kishore Vs. Harekrishna AIR 1978 3556/3568 Orissa 125
586. Sait Tarajee Khimchand Vs. Yelamarti Satyam 3556/3568 AIR 1971 SC 1865
587. Saiyad Jaffar El Edroos Vs. Saiyad Mahomed El 941/1201 Edroos AIR 1937 Bom. 217
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596. Saraswathi Ammal & Anr. Vs. Rajagopal Ammal 1699/1819, 1848/1941 AIR 1953 SC 491
597. Sarat Kamini Dasi Vs. Nagendra Nath Pal AIR 2652/2579 1926 Cal. 65
598. Sardar Ali Raza khan Vs. Sardar Nawazish Ali 4562/5076 Khan AIR (30) 1943 Oudh 243
599. Sardar Sarup Singh and others Vs. State of Punjab 744/1039, 3500/3494 and others, AIR 1959 SC 860
600. Sardar Syedna Tahel Saifuddin Saheb Vs. State of 741/1037, 3500/3494 5188 Bombay, AIR 1962 SC 853
601. Saroja Vs. Chinnusamy (2007) 8 SCC 329 1056/1279, 1057/1280
602. Saroop Singh Vs. Banto and others, 2005(8) SCC 2847/2730 330
603. Sarwarlal Vs. State of Hyderabad AIR 1960 SC 4460/5013 862
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606. Satya Niranjan Vs. Ramlal, 1925 P.C. 42 2417/2434
607. Sawai Singhai Nirmal Chand Vs. Union of India 631/975, 657/987 AIR 1966 SC 1068
608. Sayed Abdula Edrus Vs. Sayad Zain Sayad Hasan 941/1201 Edrus ILR (1889) 13 Bom. 555
609. Sayed Mohd. Vs. Alimiya (1972) 13 Guj.LR 285 941/1202
610. Secretary of State for India In Council Vs. Gulam 625/973 Rasul Gyasudin Kuwari (1916) ILR XL (Bom.) 392
611. Secretary of State for India In Council Vs. 624/973 Perumal Pillai and others (1900) ILR 24 (Mad.) 271
612. Secretary of State for India Vs. Debendra Lal 2844/2729, 2858/2735 Khan, AIR 1934 PC 23, page 25
613. Secretary of State Vs. Chelikani Rama Rao, 2209/2217 (1916) 39 Mad. 617
614. Secretary of State Vs. Krishnamoni Gupta (1902) 2429/2439 29 Cal. 518
615. Seshammal Vs. State of T.N. AIR 1972 SC 1586 1761/1872
616. Seth Narainbhai Ichharam Kurmi and another Vs. 2813/2702 Narbada Prasad Sheosahai Pande and others, AIR 1941 Nagpur 357
617. Seth Ramdayal Jat Vs. Laxmi Prasad AIR 2009 2999/2838, 3014/2845 SC 2463 3039/2862 5189
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619. Shakuntalabai and another Vs. L.V. Kulkarni and 3415/3340 another, 1989 (2) SCC 526
620. Shankar Lal & Anr. Vs. Mahbub Shah & Anr. AIR 2310/2295 1923 Oudh 59
621. Shankarrao Sitaramji Satpute & Ors. Vs. 2450/2451 Annapurnabai AIR 1961 Bombay 266
622. Shanker Das Vs. Said Ahmad (1884) P.R. No.153 3268/3144 of 1884
623. Shantha Nand Gir Chela Vs. Basudevanand AIR 881/1168 1930 Alld. 225
624. Shanti Kuamr Panda Vs. Shakuntala Devi JT 2271/2262, 2272/2265, 2005 (11) SC 122 2273/2265, 3039/2863
625. Sharadchandra Ganesh Muley Vs. State of 946/1206 Maharashtra and others AIR 1996 SC 61
626. Sharda Vs. Dharampal 2003 (4) SCC 493 3764/3797
627. Sharpe Vs. San Paulo Railway Co., L.R. 8 Ch. 1933/2016 App. 597 at pp.609
628. Shastri Yagnapurushdasji & others Vs. Muldas 1853/1947 Bhundardas Vaishya and another AIR 1966 SC 1119
629. Sheo Raj Chamar & another Vs. Mudeer Khan & 2846/2730 others AIR 1934 All. 868
630. Sheo Ramji Vs. Ridhnath Mahadeo Ji AIR 1923 1813/1912 All. 160
631. Sheodhan Singh Vs. Daryo Kunwar, AIR 1966 1045/1273 SC 1332
632. Sheoparsan Singh and others Vs. Ramnandan 893/1182, 894/1182 Prasad 43 IA 91(PC)= 20 C.W.N. 738 (P.C.)
633. Shiromani Gurdwara Parbandhak Committee Vs. 958/1212, 1061/1284, Mahant Harnam Singh and others, AIR 2003 SC 1835/1934 3349
634. Shiromani Gurdwara Prabandhak Committee, 1041/1271, 1699/1819, Amritsar Vs. Som Nath Dass & Ors. (2000) 4 1707/1837, 1803/1907, 5190 SCC 146=AIR 2000 SC 1421 1805/1909, 1911/1984, 1914/1987, 1915/1989, 2703/2605
635. Shiv Charan Vs. State of U.P., AIR 1965 (All.) 981/1231 511
636. Shivagonda Subraigonda Patil Vs. Rudragonda 2229/2234 Bhimagonda Patil 1969 (3) SCC 211
637. Shree Mahadoba Devasthan Vs. Mahadba Romaji 1822/1919, 2681/2594 Bidkar & Others AIR 1953 Bombay 38.
638. Shri Krishna Singh Vs. Mathura Ahir and others 688/1004, 689/1005, 1981 (3) SCC 689=AIR 1980 SC 707 694/1007, 696/1008, 699/1010
639. Shripati Quer Vs. Malti Devi, AIR 1967 (Patna) 930/1197 320
640. Shyam Sunder Prasad & Others Vs. Raj Pal Singh 2162/2196, 2164/2198, & Anr. 1995(1) SCC 311 2212/2219, 2458/2454, 2774/2668
641. Sidram Lachmaya Vs. Mallaya Lingaya AIR (36) 2196/2214 1949 Bom. 137
642. Singhai Lal Chand Jain Vs. Rashtriya Swayam 1061/1284 Sewak Sangh, Panna and others, AIR 1996 SC 1211
643. Siraj-ul-Haq Khan and others Vs. The Sunni 1137/1345, 2433/2441 Central Board of Waqf U.P. and others, AIR 1959 SC 198
644. Siris Chandra Nandy Vs. Rakhala Nanda AIR 3545/3564 1941 PC 16
645. Sita Nath Basak Vs. Mohini Mohan Singh AIR 3573/3578 1924 Cal. 595
646. Sitaram Vs. Amir Begum (1886) ILR 8 Alld. 324 923/1194
647. Sitaramacharya Vs. Gururajacharya, 1997(2) SCC 1991/2070 548
648. Sm. Bibhabati Devi Vs. Ramendra Narayan Roy 2774/2667, 2871/2750 & others AIR 1947 Privy Council 19
649. Smt. Bitola Kuer Vs. Sri Ram Charan & Ors. AIR 2774/2668, 2911/2772 1978 All 555 5191
650. Smt. Dhana Kuer Vs. Kashi Nath Chaubey, 1967 1060/1282 AWR 290
651. Smt. Neelawwa Vs. Smt. Shivawwa AIR 1989 4563/5076 Kar. 45
652. Smt. Panna Banerjee and Ors. Vs. Kali Kinkor 1702/1821, 1707/1832, Ganguli AIR 1974 Cal. 126 1799/1900, 2696/2602
653. Smt. Raisa Sultana Begam and others Vs. Abdul 845/1152, 1029/1263, Qadir and others AIR 1966 Alld. 318 1030/1264, 1031/1265, 1036/1268, 1042/1272
654. Smt. Raj Kumari Vs. Board of Revenue U.P., AIR 653/985, 658/978 1985 RD 33
655. Smt. Raj Lakshmi Dasi and others Vs. Banamali 901/1184, 952/1209 Sen and others AIR 1953 SC 33
656. Smt. Sushma Roy Vs. Atul Krishna Roy AIR 1955 1929/2013 Cal 624
657. Soorjomonee Dayee Vs. Suddanund Mahapatter 885/1175 (1873) 12 BLR 304, 315 (P.C.)
658. South Eastern Coalfields Ltd. Vs. State of M.P. 3121/2967, 3122/2968 and others 2003 (8) SCC 648
659. Sri Adi Visheshwara of Kashi Vishwanath 727/1029, 1700/1820, Temple, Varanasi & Ors. Vs. State of U.P. & Ors. 1707/1834, 1852/1947, (1997) 4 SCC 606 1855/1956, 3501/3495
660. Sri Banamali Neogi & others Vs. Sri Asoke 2595/2548 Kumar Chattopadhyayay & others, 96 CWN 886
661. Sri Chand Batra Vs. State of U.P. AIR 1974 SC 3581/3581 639
662. Sri Gopal Vs. Pirthi Singh (1902) ILR 24 Alld. 947/1207 429 (PC)
663. Sri Iswar Dashabhuja Thakurani & others Vs. Sm. 1875/1968 Kanchanbala Dutta & others AIR 1977 Cal. 473
664. Sri Iswar Radha Kanta Jew Thakur and others V. 1823/1925, 1929/2013 Gopinath Das and others AIR 1960 Cal. 741
665. Sri Lakhi Baruah & others Vs. Sri Padma Kanta 2356/2366 Kalita & others JT 1996 (3) SC 268
666. Sri Nitai Gour Radheshyam Vs. Harekrishna 1927/2011 5192 Adhikari and others AIR 1957 Cal. 77
667. Sri Ramjee and others Vs. Bishwanath Pd. Sah 953/1209 and others AIR 1978 Patna 129
668. Sri Sri Gopal Jew Vs. Baldeo Narain Singh and 1933/2015, 1934/2016, others, 51 CWN 383 1935/2018
669. Sri Sri Ishwar Lakshi Durga Vs. Surendra Nath 1940/2024 Sarhar 45 C.W.N. 665
670. Sri Thakur Kirshna Chandramajju vs. Kanhayalal 1932/2015 and others AIR 1961 Allahabad 206
671. Sri Vidya Varuthi Thirth Swamigal Vs. 687/1004, 699/1010, Baluswami Ayyar and Ors. AIR 1922 P.C. 123 1806/1909, 3270/3146, 3303/3253, 3424/3347
672. Srikant Vs. District Magistrate, Bijapur and others 1055/1279 (2007) 1 SCC 486
673. Srikant Vs. King Emperor (1905) 2 ALJ 444 3576/3580
674. Srikanti Vs. Indupuram (1866) 3 M.H.C.R. 226 955/1210
675. State Bank of India Vs. Firm Jamuna Prasad 845/1152, 1042/1272 Jaiswal and sons and another AIR 2003 (Alld.) 337
676. State Bank of India Vs. Official Liquidator of 1262/1417 Commercial Ahmedabad Mills Co. and Others 2009 CLC 73
677. State of Andhra Pradesh and others Vs. Pioneer 622/972 Builders AIR 2007 SC 113
678. State of Bihar & others Vs. Bhabapritananda Ojha 1400/1560 AIR 1959 SC 1073
679. State of Bihar and Anr. Vs. P.P. Sharma 1992 3768/3798 Supp (1) SCC 222
680. State of Bihar and others Vs. Ramdeo Yadav and 1048/1274 others, 1996(2) SCC 493
681. State of Bihar and others Vs. Sri Radha Krishna 1994/2073, 1996/2076, Singh and others, AIR 1983 SC 684 2155/2194, 2162/2197, 2547/2510, 3342/3292, 4455/5014
682. State of Bombay Vs. Chhaganlal Gangaram 1808/1911 5193 Lavar, AIR 1955 Bom. 1
683. State of Gujarat Vs. Vora Fiddali Badruddin 3380/3308, 3381/3309, Mithibarwala, AIR 1964 SC 1043 3385/3310
684. State of Haryana Vs. Ram Singh (2002) 2 SCC 3578/3580 426,
685. State of Himachal Pradesh Vs. Jai Lal and others, 3584/3582, 3622/3639 AIR 1999 SC 3318
686. State of Karnataka and another Vs. All India 840/1150, 906/1185, Manufacturers Organization and others, 2006(4) 1003/1245 SCC 683
687. State of Maharashtra Vs. M/s. National 852/1156, 1045/1273 Construction Company, Bombay AIR 1996 SC 2367
688. State of Punjab and others Vs. M/s. Surinder 841/1150, 1011/1250 Kumar and Co. and others, AIR 1997 SC 809
689. State of Punjab Vs. Brigadier Sukhjit Singh, 3384/3310 1993(3) SCC 459
690. State of Punjab Vs. Geeta Iron and Brass Works 627/974, 637/977 Ltd. 1978 (1) SCC 68=1978 SC 1608
691. State of Punjab Vs. Okara Grain Buyers 1228/1404 Syndicate Ltd. and others, AIR 1964 SC 669
692. State of Punjab Vs. V.K.Khanna 2001 (2) SCC 3773/3805 330
693. State of Rajasthan and Others Vs. Sajjanlal 1861/1962, 4453/5013 Panjawat and Others AIR 1975 SC 706=1974 SCC (1) 500
694. State of T.N. Vs. T. Thulasingam and others 1994 2777/2669 Supp. (2) SCC 405
695. State of U.P. Vs. Nawab Hussain AIR 1977 SC 947/1207, 1007/1246 1680
696. State of U.P. Vs. Nemchandra Jain, 1984 (2) SCC 1223/1402 405
697. State of UP & another Vs. Synthetics & 2778/2675 Chemicals Ltd, (1991) 4 SCC 139
698. State of Uttar Pradesh and another Vs. Jagdish 1052/1278 5194 Sharan Agrawal and others (2009) 1 SCC 689
699. State of West Bengal and others Vs. Debdas 1048/1274 Kumar and others 1991 (1) Suppl. SCC 138
700. State of West Bengal Vs. Anwar Ali Sarkar & 1703/1821, 1877/1970 Anr. AIR (39) 1952 SC 75
701. State Vs. Kanhu Charan Barik 1983 Cr.L.J. 133 3565/3576
702. State Vs. S.J. Choudhary AIR 1996 SC 1491 3559/3569
703. Subbaraya Gurukkal Vs. Chellappa Mudali 4 1941/2025 Mad. 315
704. Sudhindra Nath Vs. The King AIR (39) 1952 Cal. 3577/3580 422,
705. Sukhdev Singh Vs. Maharaja Bahadur of Gidhaur 1395/1559, 2226/2233 AIR 1951 SC 288
706. Sukhdev Singh Vs. Union Territory, Chandigarh, 1674/1793 AIR 1987 Punjab and Haryana 5
707. Sulochana Amma Vs. Narayanan Nair, AIR 1994 840/1150, 904/1185, SC 152 943/1205, 1010/1250
708. Sumatibai Wasudeo Bachuwar Vs. Emperor, AIR 2814/2703 (31) 1944 Bom. 125
709. Sundar Vs. Parbati, (1889) 12 All 51 2203/2216
710. Sunder Singh Mallah Singh Sanatan Dharm High 2262/2258 School Trust Vs. Managing Committee, AIR 1938 PC 73
711. Sunita Devi Vs. State of Bihar, (2005) 1 SCC 608 2778/2675
712. Sunka Villi Suranna. v. Goli Sathiraju AIR 1962 3327/3281 SC 342
713. Sunni Central Board of Waqf Vs. Siraj-ul-Haq 1137/1345 Khan and others, AIR 1954 All. 88.
714. Supdt. & Remembrancer of Legal Affairs, West 2836/2725 Bengal Vs. Anil Kumar Bhunja & Ors. AIR 1980 SC 52
715. Suraj Bhan Vs. Financial Commissioner, 2007 (6) 3095/2897 SCC 186 5195
716. Suraj Bhan Vs. Harchandgir 1954 PEPSU 65 273/301 (DB)
717. Surayya and another Vs. Annapurnamma, 4471/5023 1919(42) ILR (Mad.) 699
718. Surayya Begum (Mst) Vs. Mohd. Usman and 1061/1284 others, 1991(3) SCC 114
719. Surendra Krishna Roy Vs. Bhubaneswari 1942/2027 Thakurani AIR (2) 1933 Cal. 295
720. Surendra Narayan Sarbadhikari Vs. Bholanath 1940/2024 Roy Choudhuri AIR (30) 1943 Cal. 613
721. Suryanarayana & Ors. Vs. Bullayya & Ors. AIR 2167/2199, 2448/2450 1927 Madras 568
722. Swami Motor Transports (P) Ltd. & Anr. Vs. Sri 1401/1560 Sankaraswamigal Mutt & Anr. AIR 1963 SC 864
723. Syed Ali Mohammad Vs. Collector of Bhagalpur, 1111/1328 AIR 1927 Patna 189
724. Syed Askari Hadi Ali Augustine Imam & another 3040/2864 Vs. State (Delhi Administration) & another JT 2009 (4) SC 522
725. Syed Mohd. Salie Labbai & others Vs. Mohd. 911/1188, 3234/3124, Hanifa & others AIR 1976 SC 1569 3423/3344 3425/3348, 3426/3348
726. Syed Yousuf Yar Khan and others Vs. Syed 1211/1395, 1212/1396 Mohammed Yar Khan and others, AIR 1967 SC 1318
727. Syndicate Bank. v. Prabha D. Naik (2001) 4 SCC 3328/3283 713
728. T. Anjanappa and others Vs. Somalingappa and 2774/2667, 2848/2730, another 2006 (7) SCC 570 2851/2733
729. T. Shankar Prasad Vs. State of A.P., 2004(3) SCC 1998/2077, 2008/2083 753
730. T.B. Ramachandra Rao and another Vs. A.N.S. 895/1182 Ramchandra Rao and others, AIR 1922 PC 80
731. T.K. Gopal alias Gopi Vs. State of Karnataka, 719/1027 2000 (6) SCC 168 5196
732. T.R.K. Ramaswami Servai & Anr. Vs. The Board 1700/1820, 1707/1834, of Commissioners for the Hindu Religious 1740/1861, 1844/1939, Endowments, Madras, through its President AIR 1847/1940, 2106/2172 (38) 1951 Madras 473
733. T.V. Durairajulu Naidu Vs. Commissioner, Hindu 1700/1820, 1741/1861, Religious and Charitable Endowments 1831/1929 (Administration) Department, Madras AIR 1989 Madras 60
734. Talluri Venkata Seshayya and others Vs. 839/1149, 920/1191, Thadikonda Kotiswara Rao and others, AIR 1937 993/1237, 1943/2028 P.C. page 1
735. Tamil Nadu Wakf Board Vs. Hathija Ammal, AIR 1161/1364 2002 SC 402
736. Tarit Bhusan Rai and another Vs. Sri Sri Iswar 1785/1886, 1944/2028, Sridhar Salagram Shila Thakur by Krishna 2717/2612, 2719/2613 Chandra Chandra and others, AIR (29) 1942 Calcutta 99
737. Temple of Thakurji Vs. State of Rajasthan & 2595/2548, 2657/2582 others, 1998 Raj 85
738. Thakardwara Sheru Mal Vs. Ishar Das AIR 1928 1737/1860 Lah. 375
739. Thakur Amar Singhji Vs. State of Rajasthan AIR 4449/5013 1955 SC 504
740. Thakur Kishan Singh Vs. Arvind Kumar, AIR 2845/2730, 2879/2753 1995 SC 73
741. Thamba Vs. Arundel I.L.R. 6 Mad. 287 692/1007
742. Thayarammal Vs. Kanakammal & Ors. (2005) 1 1699/1819, 1707/1837, SCC 457 1874/1967
743. The Advocate- General of Bengal on behalf of 3303/3255 Her Majesty Vs. Ranee Surnomoye Dossee in Moore's Indian Appeals (1863-1864) 9 MIA 387
744. The Bihar State Board of Religious Trust Vs. 1786/1887 Mahanth Sri Biseshwar Das AIR 1971 SC 2057
745. The Board of Muslim Wakfs, Rajasthan Vs. 1142/1351 Radha Kishan and others, AIR 1979 SC 289
746. The Delhi and London Bank Vs. Orchard, I.L.R. 3 2177/2204 5197 (1876) Calcutta 47 (PC)
747. The East India Company Vs. Oditchurn Paul 1849 2172/2201 (Cases in the Privy Council on Appeal from the East Indies) 43
748. The Firm of Eng Gim Moh Vs. The Chinese 2162/2197, 2432/2441 Merited Banking Co. Ltd. and another AIR 1940 Rangoon 276
749. The Mayor of the City of Lyons Vs. the Hon'ble 3303/3257 The East India Company, Moore's Indian Appeals (1836-1837) 1 MIA 175
750. The State (Delhi Administration) Vs. Pali Ram 3589/3586 AIR 1979 SC 14
751. Tilkayat Shri Govindlalji Maharaj Vs. State of 1829/1928, 3302/3238 Rajasthan AIR 1963 SC 1638
752. Tracy Perrage Case (1843) 10 CI & F 154 3591/3587
753. Trilochan Das Adhikari & another Vs. Simanchal 2595/2548, 2659/2582 Rath & others, 1994(II) OLR 602
754. Tulsidas Vs. Sidahinath (9) I.C. 650) 1940/2025
755. U.P. Shia Central Board of Waqf Vs. U.P. Sunni 1163/1365, 1164/1367 Central Board of Waqf, AIR 2001 SC 2086
756. U.P. Sunni Central Waqf Board, Lucknow Vs. 1148/1358, 1149/1358 State of U.P. and others, 2006(6) ADJ 331
757. Udit Narain Singh Malpaharia Vs. Additional 2123/2178 Member, Board of Revenue AIR 1963 SC 786
758. Umrao Singh v. Union of India; AIR 1975 Del. 2812/2701 188, 191
759. Union of India and Others Vs. SICOM Ltd. and 1261/1417 Anr. 2009 AIR SCW 635
760. Union of India Vs. Pramod Gupta (2005) 12 SCC 1048/1273, 1050/1278 1
761. Union of India. v. Sudhangshu Mazumdar AIR 3325/3279 1971 SC 1594
762. Union Territory of Chandigarh Vs. Sardara Singh 929/1197 5198 and others, AIR 1981 (Punjab and Haryana) 354
763. United India Insurance Co. Ltd. and another Vs. 1992/2070 Samir Chandra Chaudhary, 2005(5) SCC 784
764. United States Shipping Board Vs. The Ship "St. 3560/3573 Albans" AIR 1931 PC 189
765. United States v. Juan Prechman, (1831-34) L.Ed. 3325/3279 604
766. Upendra Kumar and others Vs. District Judge, 845/1152, 1042/1272 Azamgarh and others 1997 ACJ 823
767. V. D. Dhanwatey. v. Commissioner of Income 3329/3284 Tax, M. P., Nagpur & Bhandara AIR 1968 SC 683
768. V. Mariyappa Vs. B.K. Puttaramayya, ILR (1957) 1870/1965 Mys 291:AIR 1958 Mys 93
769. V. Padmanabhan Nair Vs. Kerala State Electricity 1231/1405 Board AIR 1989 Kerala 86
770. V. Seethaya & Ors. Vs. P. Subramanya 3044/2865 Somayajulu & Anr. A.I.R. 1929 Privy Council 115
771. Vajesingji Joravarsingji Vs. Secretary of State 3379/3307, 4445/5012 AIR 1924 PC 216
772. Vallabhacharya Swami Varu (Deity) of Swarna 1707/1837 Vs. Deevi Hanumancharyulu, AIR 1979 SC 1147
773. Vanagiri Sri Selliamman Ayyanar 943/1205, 1050/1278 Uthirasomasundar-eswarar Temple Vs. Rajanga Asari Air 1965 Mad. 355
774. Vareed Jacob Vs. Sosamma Geevarghese 2004(6) 3758/3794 SCC 378
775. Vasant Ambadas Pandit Vs. Bombay Municipal 636/977, 637/977 Corporation and others AIR 1981 Bombay 394
776. Vellayan Chettiar Vs. Government of Province of 629/974, 657/987 Madras AIR 1947 PC 197
777. Velluswami Vs. Raj Nainar 1959 SC 422 (426) 2592/2546
778. Vemareddi Ramaraghava Reddy Vs. Konduru 1707/1837, 1947/2034, Seshu Reddy, AIR 1967 SC 436 4476/5029 5199
779. Vembagounder Vs. Pooncholai Gounder AIR 3751/3791 1996 Madras 347
780. Venkata Chandrayya Vs. Venkata Rama Reddy, 929/1197 (1899) 22 Madras 256
781. Venkataramana Devaru Vs. State of Mysore, AIR 744/1040, 1761/1871, 1958 SC 255 1856/1957
782. Venkataramana Moorthy Vs. Sri Rama 1741/1861, 1845/1940 Mandhiram (1964) 2 An.WR 457
783. Veruareddi Ramaraghava Reddy Vs. Konduru 1707/1836 Seshu Reddy, 1966 Supp SCR 270
784. Vidya Devi Vs. Prem Prakash (1995) 4 SCC 496 2877/2752
785. Vidya vs. Balusami (1921) 48 IA 302; 2854/2734
786. Vidyapurna Tirtha Swami Vs. Vidyanidhi Tirtha 684/1002, 1769/1877 Swami 1904 ILR Vol. XXVII Madras 435
787. Vimla Bai Vs. Hiralal Gupta & others (1990) 2 3363/3302, 3500/3494 SCC 22
788. Vishwambhar & Ors. Vs. Laxminarain & Anr. 2435/2442 2001 (6) SCC 163
789. Vishwanath Bapurao Sabale Vs. Shalinibai 2853/2734, 2947/2804 Nagappa Sabale and others, JT 2009(5) SC 395
790. Vithal Yeshwant Jathar Vs. Shikandarkhan 961/1217 Makhtumkhan Sardesai AIR 1963 SC 385
791. Wahid Ali & another Vs. Mahboob Ali Khan AIR 2227/2233, 3270/3146, 1935 Oudh 425 2858/2736
792. Wali Mohammad V. Mohammad Bakhsh AIR 3267/3144 1930 PC 91
793. Waqf Khudawand Taala Banam Masjid Mauza 957/1212 Chaul Shahabudinpur vs. Seth Mohan Lal 1956 ALJ 225
794. West Rand Gold mining Co. Vs. The King (1905) 2862/2739 2 KB 391
795. Williams Vs. Lourdusamy & another (2008) 5 1051/1278 SCC 647
796. Yadarao Dajiba Shrawane (Dead) Vs. Nanilal 1406/1561 5200 Harakchand Shah (Dead) & Ors. 2002 (6) SCC 404
797. Yeknath Vs. Bahia AIR 1925 Nagpur 236 (1) 2162/2197, 2257/2251
798. Yeshwant Govardhan Vs. Totaram Avasu AIR 1031/1265, 1036/1269 1958 Bom. 28 5201 APPENDIX-10 Index-Reference Books Alphabetically Sl.No Book Para/Page No.
1. A Clash of Culture, Audh, The British and the 3399/3320 Mughals by Michael H. Fisher (published in 1987 by Manohar Publications, New Delhi)
2. A Cultural History of India by A.L. Basham (first 3865/4057, 3866/4057 published in 1975) Oxford University Press (Eighth Indian Impression in 1992)
3. A Digest of Mahommedan Law- Part-First 3178/3007, 3190/3017, (Second Edition 1875) by Neil B.E. Baillie 3223/3113, 3303/3239, 3320/3270, 3503/3496
4. A Gazetteer of the Territories under the 4221/4598, 4222/4598 Government of the East-India Company and of the native States on the Continent of India by Edward Thornton
5. A Gazetteer of the Territories under the 1319/1461, 1410/1563, Government of the East-India Company and of the 3350/3298, 3516/3510, native States on the Continent of India, by Edward 2622/2566, 2960/2813 Thornton first published in 1858 (reproduced in 1993) by Low Price Publications, Delhi (Book No.
10)
6. A Historical Sketch of Tahsil Fyzabad, Zillah 750/1041, 791/1121, Fyzabad by P. Carnegy printed at the Oudh 1413/1564, 1418/1568, Government Press, Lucknow in 1870. (Book No. 1420/1570, 2212/2297,
154) 2312/2297, 2624/2567, 2986/2825, 3008/3843, 3351/3298, 3403/3332, 3411/3337, 3521/3523, 4251/4656, 4260/4674, 4266/4692
7. A History of India Vol. I (Pelican Books 1990, 3390/3317 13th Impression 2001) bu Romila Thapar
8. A History of the Sikhs by Khushwant Singh, Vol. 4350/4818 I, 1469-1839, first published in 1963 and 9th impression 2002 by Oxford University Press
9. A. Fuhrer's account published in 1891, 3526/3525 5202
10. Aaprajit Prichchha by Bhuwan Dev 3936/4240
11. Agnipuranam Chapter 103 Poona Edition of 1900 1694/1809, AD.
12. Ain-e-Akbari written by Abul Fazal Allami, 1616/1735, 1617/1736, translated in English by H. Blochmann edited by 1618/1744, 1622/1747, Leiut. Colonel D.C. Phillott, first published 1927- 4363/4918 1949 reprint 1989 published by Low Price Publications, Delhi (Book No. 24)
13. Ameer Ali Shaheed Aur Marka Hanuman Gari by 1635/1762, 3518/3513 Shekh Mohammad Ajmat Ali Alvi Kakoravi (written in 1886) revised by Dr. Zaki Kakoravi published in 1987 (Book No. 102)
14. An Advanced History of India by R.C. Majumdar, 3388/3315 H.C. Raychaudhuri and Kalikinkar Datta, Fourth Edition 1978, published by Macmillan India Ltd.
15. Anand Ramayana (Navon Khand Sampurna) 4357/4910 edited by Pandit Sri Ramji Sharma published by Sri Durga Pustak Bhandar (Pvt.) Ltd., Bombay
16. Ancient Indian Historical Tradition by F.E. 4155/4550, 4215/4582 Pargiter
17. Archaeological Survey Of India Four Reports 4225/4604 Made During the Years 1862-63-64-65 by Alexander Cunningham
18. Archaeological Survey of India report of Tours in 3667/3729 the Central Doab and Gorakhpur in 1874-75 and 1875-76 by A.C.L. Carlleyle Vol. XII
19. Asiatic Researches Vol-I, first published in 1788, 3777/3809 recently republished in 1979
20. Aspects of our Religion, Bhavan's Book 1763/1872 University by Senior Sankaracharya of Kanchi Kamakoti Peeta
21. Atharva-Veda Samhita, Books VIII to XIX, 4090/4444, 4119/4507, translated by William Dwigth Whitney (Revised 4120/4510, 4300/4751 and edited by Charles Rockwell Lanman) first published in Cambridge in 1905 and re-printed in 2001 by Motilal Banarsidass
22. Atherva-Veda Ka Subodh Bhasya 4090/4444, 4299/4751, 5203
23. Aurangzib-and the decay of the Mughal Empire, 1632/1757 by Stanley Lane Poole first published in 1890, reproduced in 1995, published by Low Price Publications, Delhi (Book No. 26)
24. Autobiography J.S. Mill, London, reprinted in 4181/4567 1958
25. Ayodhya Archaeology After Demolition by D. 3645/3704 Mandal first published in 1993, reprint in 1994
26. Ayodhya ka Itihas Avam Puratatva Rigved Se 3630/3656 Abtak
27. Ayodhya Ka Itihas by Sri Avadhwasi Lala Sitaram, 752/1049, 1479/1623, first published in 1932, reprinted in 2001, 3531/3528 published by Arya Book Depot, New Delhi (Book No. 46)
28. Ayodhya Ka Itihas Evam Puratatva by Dr. T.P. 1430/1578, 3643/3703, Verma and S.P. Gupta 3869/4064, 3870/4112 (Book No. 141)
29. Ayodhya- Part I & II by Hans Bakker 1986 3535/3535
30. Babar by Dr. Radhey Shyam, first published in 1454/1603, 1555/1664, 1978 by Janaki Prakashan Allahabad (Book No. 1) 3663/3721
31. Babar/ Babur-Nama by John Layden and William 1519/1638, Erskine (Book No. 59)
32. Babari Mosque or Rama's Birth Place? Historians 3609/3604 Report to the Indian Nation
33. Babarnama translated by Yugjeet Navalpuri, first 1476/1617 published 1974, third publication 1996, 1998 and reprint 2002 by Sahitya Academy, New Delhi (Book No. 152)
34. Babur-nama (Tuzuk-i-babri) (1493-94 AD) 1486/1626
35. Babur-Nama by A.S. Beveridge, first published in 1314/1458, 1315/1458, 1921 (reprinted in 2006 by Low Price 1316/1459, 1317/1460, Publications, Delhi) 1318/1460, 1341/1478, 1344/1479, 1366/1524, (Book No. 6) 1441/1588, 1442/1589, 1443/1590, 1471/1616, 1477/1619, 1515/1637, 1525/1641, 1528/1644, 5204 1533/1648, 1566/1673
36. Balmiki Ramayan (Book No. 47) 1913/1986
37. Barabanki: A gazetteer being Volume XLVIII of 1421/1571, 4276/4712, the District Gazetteer of the United Provinces of 4405/4964 Agra and Oudh compiled and edited by H.R. Nevill, I.C.S., printed by F. Luker, Supdt., Government Press, United Provinces, Allahabad in 1904 (Book No. 4 )
38. Bhagvad Gita As It is by A.C. Bhaktivedanta 3500/3493 Swami Prabhupad 39. Bhagwad-gita 4179/4566
40. Bhai Bale Wali-Sri Guru Nanak Dev Ji ki Janam 4334/4802 Sakhi, 7th Edn. 1999
41. Bhartiya Sanskriti Ke Char Adhyay by Ramdhari 3500/3493 Singh Dinkar, First Edn. 1956, reprinted 2009 by Lok Bharti Prakashan
42. Bibiotheque Orientale, Art. "Mahmood." Paris, 4040/4397 published in 1697
43. Black's Law Dictionary Seventh Edition (1999), 2219/2222, 2220/2226, published by West, St. Paul, Minn., 1999 2294/2277, 2805/2686, 2806/2687, 2807/2687 44. Book of the Holy Struggle-32 3210/3063 45. Brahmana 4124/4514
46. Brihadaranakya Upanishad by Krishnanand 2596/2549
47. Brihaspati Smriti 1707/1827, 2634/2571, 2831/2720
48. Chambers Dictionary 3374/3306
49. Chhandogyopanishad 1754/1867 50. Code of Manu 4180/4567
51. Commentaries on Mahommedan Law by Syed 3306/3261, 3321/3271 Ameer Ali
52. Commentary on Mohammedan Law by Baillie 3259/3139
53. Complete Works, Vol. 2 by Swami Vivekananda 1756/1870 5205
54. Concise Oxford Dictionary 2700/2604
55. Corpus Juris Secundum A Complete Restatement 2219/2224, 2220/2227, of the Entire American Law as developed by All 2804/2685 Reported Cases (1956), Vol. 26A, published by Brooklyn, N.Y. The American Law Book Co.
56. Corpus Juris Secundum A Complete Restatement 2111/2220 of the Entire American Law as developed by All Reported Cases (1959), Vol. 27, published by Brooklyn, N.Y. The American Law Book Co.
57. DESCRIPTION : HISTORIQUE ET 1588/1687, 1916/2006, GEOGRAPHIQUE : D E L' I N D E under the 2621/2565, 3333/3286, title "TOME 1. NOUVELLE EDITION. 3348/3297, 3412/3318, Contenant la Geographic de l'Ind-Uftan, avec. 39,. 3514/3503, 4308/4764, Planches". English translation of which is "HISTORICAL AND GEOGRAPHICAL DESCRIPTION OF INDIA" VOLUME 1 NEW EDITION containing the Geography of Hindustan, with 39 illustrations by Father Joseph Tieffenthaler
58. Development of Hindu Iconography' by Jitendra 1716/1845, 1718/1846 Nath Banerjea (First Edition in 1941 and 5th Edition in 2002 published by Munshiram Manoharlal Publishers Pvt. Ltd.) 59. Dharmasastras 4127/4517
60. Dictionary of Hinduism 4123/4511, 4128/4518, 4131/4524, 4132/4525, 4133/4525, 4134/4527, 4135/4528, 4136/4529, 4137/4532, 4138/4533
61. Digest of Hindu Law 4231/4607
62. Dilli Saltanat (711-1526 A.D.) by Dr. Ashirvadi 4327/4792 Lal Srivastava
63. DK Illustrated Oxford Dictionary published by 1671/1792 Oxford University Press
64. Early Travels in India (1985 First Edition 1585/1682, 2957/2812 distributed by Munshiram Manoharlal Publishers Pvt. Ltd.) by William Foster
65. East India Gazetter by Walter Hamilton first 1407/1562, 1408/1562, published in 1828 (reproduced in 1993 published 2959/2813, 3334/3287, 5206 by Low Price Publications, Delhi containing 4218/4585 particular descriptions of the
66. Eastern India by Robert Montgomery Martin 1597/1698, 1614/1732, 3349/3298, 3334/3287, 4220/4598, 4388/4947
67. Encyclopedia Britannica, 15th Edition, 1978 3533/3534
68. Encyclopedia of India and of Eastern and Southern 3519/3517 Asia by Surgeon General Balfour, 1858
69. English translation of Raghuvamsa of Kalidasa by 4314/4766 M.R. Kale
70. Epigraphia Indica Arabic and Persian Supplement 1321/1462, 1324/1464, (in continuation of Epigraphia Indo-Moslemica) 1366/1524, 1445/1591, 1964-1965 (reprinted in 1987) 1471/1616, 1654/1777, 1655/1780, 1656/1782, 3653/3709, 3654/3709, 3655/3711
71. Friendly Advice 4179/4566
72. Fyzabad A Gazetteer being Vol. XLIII of the 751/1045, 791/1121, District Gazetteers of the United Provinces of 1422/1571, 2626/2568, Agra and Oudh by H.R. Nevill published in 1905 3354/3299, 3402/3331, (Book No. 4) 3527/3526, 4277/4716
73. Fyzabad-A Gazetteer being Volume XLIII of the 1425/1575, 1431/1581, District Gazetteers of the United Provinces of 2626/2568, 3529/3527, Agra & Oudh in 1928 4283/4730, 3356/3300
74. Gazetteer of India (Vol. II ) 3303/3241
75. Gazetteer of Oudh by Mr. W.C. Benett, C.S., 1416/1566, 1417/1567, Assistant Commissioner (1877) 2625/2567, 3352/3299, 3402/3331, 3523/3524, 4263/4686,
76. Hadiqa-E-Shabda by Mirza Jan published in 3400/3329, 3517/3511 1855/56 AD
77. Hadith Sahih Bukhari 3311/3264, 3150/2987, 3151/2987, 3166/2999, 3167/2999, 3168/3000, 3170/3002, 3172/3303, 3173/3004, 3174/3005, 3180/3009, 3194/3034, 3195/3038, 3196/3038, 3197/3042, 3198/3043, 5207 3199/3044, 3200/3045
78. Hadith Sahih Muslim 3169/3001, 3186/3011, 3189/3013, 3191/3020, 3204/3048, 3208/3061, 3209/3062, 3309/3262 79. Hadith, Volume 1 3193/3032
80. Halsbury's Laws of England 4th Edn, Vol 16 2598/2550, 3242/3129
81. Handbook of Architecture (1855) 4240/4611
82. Hanifeea Code of Jurisprudence at page vii-viii 3303/3239 (Second Edition 1875 published by Smith Elder, & Co., London )
83. Hindu and Mahomedan Endowments by Abdur 3217/3109 Rahim 1918
84. Hindu and Mohammaden Endowments by P.R. 3227/3117 Ganapathy Iyer
85. Hindu Law & Usages by Mayne, 16th Edn. 1704/1821
86. Hindu Law of Endowments by Pran Nath 1779/1884, 3392/3317 Saraswati
87. Hindu Law of Religious and Charitable Trusts of 1694/1811, 1695/1817, B. K. Mukherjea 5th Edition, Published by Eastern 1696/1818, 1707/1825, Law House 1708/1838, 1713/1843, 1714/1844, 1719/1848, 1720/1850, 1721/1851, 1734/1858, 1735/1859, 1736/1860, 2134/2182, 2602/2553
88. Hindu temple by Cramerish 1726/1854 89. Hindu Theatre 4235/4609
90. Hindu World-An Encyclopaedic Survey of 4111/4496, 4112/4497, Hinduism by Benjamin Walker, first published in 4114/4503, 4116/4505, 1968 by George Allen & Unwin Ltd., London and 4119/4507, 4124/4514, the first Indian Edition was published in 1983 by 4129/4518, 4130/4523 Munshiram Manoharlal Publishers Pvt. Ltd.
91. Hinduism And Ecology Seeds of Truth 3500/3494
92. Hinduism by Sir Moniar Williams 4289/4743
93. History and culture of the Indian People Bhavan's 3876/4124, 3877/4124 5208 Book University published by Bhartiya Vidya Bhavan Mumbai (first edition 1957), 5th Edition 2001
94. History of Architecture 4240/4611
95. History of Bairagi Akharas by Yadunath Sarkar 748/1041
96. History of British India by James Mill 4169/4558, 4181/4567
97. History of British India edited by H.H. Wilson 4184/4568
98. History of Dharmashastra, translated by Pandurang 1703/1821, 1707/1827, Vaman Kane, Part-IV Third Edition 1991 2596/2548, 2603/2553, published by Bhandarkar Oriental Research 4090/4444, 4305/4759, Institute Poona 4526/5061
99. History of India under Baber by William Erskine 1535/1659, 1536/1650, (May 1845), though published for the first time in 1544/1657, 1545/1658, 1854 1546/1658, 1547/1659
100. History of India-As told by its own Historians by 1426/1575, 1427/1575, Sir H.M. Elliot and John Dowson, Vol. II 4035/4387, 4037/4388, 4041/4398
101. History of Kanauj to the Moslem Conquest by 4331/4797 Rama Shankar Tripathi
102. History of Sanskrit Literature (1859) 4178/4565
103. History of Sanskrit Literature (1900) by 4211/4580 Macdonell, Arthur Anthony
104. History of the rise of the Mahomedan Power in 3161/2995 India till the year AD 1612 translated by John Briggs (first published in 1829 reprinted in 2006 by Low Price Publications, Delhi) 105. Hitopadeca 4179/4566
106. Holding Fast to the Qur'an and Sunnah 3202/3047
107. Holy Quran 3179/3008, 3191/3028, 3148/2986, 3149/2987, 3503/3496
108. Ibn Battuta Ki Bharat Yatra 3317/3267
109. IBN BATTUTA Travels in Asia and Africa 1325- 3157/2991, 3191/3021 1354 translated and selected by H.A.R. Gibb (first published in 1929 reprinted in 2007 by Low Price 5209 Publications, Delhi)
110. Illustrated History of Indian Architecture 4240/4611
111. Imperial Gazetteer of India Provincial Service 3528/3527, 3357/3300, United Provinces of Agra & Oudh, Vol. II, 4284/4734 published in 1934 Faizabad Division
112. Imperial Gazetteer of India--Provincial Series-- 1423/1573, 4282/4727, United Provinces of Agra and Oudh-Vol. II (1908) 3355/3299 (Book No. 16) published by Superintendent of Government Printing Calcutta
113. India During Muslim Rule by Maulana Hakim 2726/2618 Syed Abdul Hai
114. India in or about 1030 A.D. by Alberuni 1694/1810
115. India in the 17th Century (Social, Economic and 1626/1754, 1628/1755 Politician) Memoirs of Francois Martin (1670- 1694) Volume II, Part I (1681/1688) translated by Lotika Varadarajan first published 1984 by Manohar Publications, New Delhi
116. Indian Architecture (Islamic Period) by Percy 3430/3350 Brown published by D.B. Taraporevala Sons & Co. Private Ltd
117. Indian Texts Series-Storia Do Mogor or Mogul 1624/1752 India 1653-1708 by Niccolao Manucci translated in English by Milliam Irvine Vol. III
118. Itihas Darpan Vol. III December 1996 published 4153/4542 by Bhartiya Itihas Sankalan Yojna Samiti, Delhi
119. Jami' At-Tirmidhi 3314/3265, 3163/2996, 3171/3003, 3177/3007, 3181/3010, 3182/3010, 3184/3010, 3190/3016, 3191/3020, 3211/3078, 3312/3264, 3313/3265
120. Jarman on Wills, 6th Edn. Page 532 2898/2764
121. Jowitt's Dictionary of English Law Vol. 1 Second 2112/2226, 2220/2230, Edition-1977, Second Impression-1990, published 2809/2691 by London Sweet & Maxwell Limited
122. Kalhana's Rajatarangini-A Chronicle of the Kings 4142/4535, 4312/4765 of Kasmir 5210
123. Kalidasa's Raghuvamsa 4315/4771, 4318/4772
124. Katyayana 1707/1827, 2603/2553
125. Kitab Al-Aqdiyah 3215/3096
126. Kitab Al-Salat 3205/3055
127. Kong-U-To (Konyodha) 4319/4773
128. Law of Endowment (Hindu & Mahomedan) by A. 3048/2867, 3230/3119, Ghosh, Second Edn. published by Eastern Law 3235/3126 House, Calcutta
129. Law of Endowments, Wakfs and Turst by Dr. 3227/3117 Paras Diwan
130. Law of Hindu Religious Endowments by 1733/1857, 1745/1863 Ganapathi Iyer
131. Law of Hindu Religious Endowments by Ghosh 1732/1856
132. Legal Thesaurus Regular Edition-William C. 2810/2694 Burton (1981), published by Macmillan Publishing Co., Inc. New York.
133. Life of Hiuen-Tsiang by Shaman Hwui Li, first 4324/4776 published in 1911 at London, reprinted in 2001 by Low Price Publications, Delhi (Book No. 20)
134. Limits and Punishments set by Allah (Hudood) 3201/3046
135. Mahommedan Law By Syed Ameer Ali 3188/3011, 3249/3133, 3259/3139
136. Manusmriti 1753/1867, 2633/2570
137. Mareechi Samhita 1731/1855 138. Matsya Purana 1725/1853 139. Megha-duta 4235/4608
140. Memoirs of Baber Emperor of India-First of the 1476/1617, 1520/1638, Great Moghuls, first published in 1909 (first 1522/1640, 1523/1640, Indian reprint 1974 published by Ess Ess 1571/1676, 1578/1680, Publications, Delhi) by F.G. Talbot 1579/1682
141. Meri Jiwan Yatra-1 by Rahul Sankrityayan (First 4393/4959 Paperback Edition:1996)
142. Mimamsa Darshan 1694/1814 5211
143. Minhaju-S 'Siraj's Tabkat-I Nariri 4020/4354
144. Mitra's Legal & Commercial Dictionary 5th Edition 2219 /2222, 2220/2226, (1990) by A.N. Saha, published by Eastern Law 2293/2275, 2811/2697, House Prv. Ltd. 2815/2703
145. Mohammedan Law by Tyabji 3249/3133, 3259/3139
146. Mugalkalin Bharat-Babar (1526-1530 AD) 1453/1601, 1549/1659 translated by Syed Athar Abbas Rizvi (first published in 1960 and in 2010 published for first time by Rajkamal Prakashan Pvt. Ltd., New Delhi)
147. Mughal Documents (A.D. 1628-59) Volume II by 1630/1756, 3318/3268, S.A.I. Tirmizi (first published 1995 by Manohar 3319/3269 Publishers and Distributors, New Delhi)
148. Muslim Vidhi (A Text-Book of Mahomedan Law) 3229/3119 by Mahesh Prasad Tandon
149. Muwatta' Imam Malik 3189/3015, 3212/3094
150. Naradiya Dharmasastra 2830/2718
151. Naradiya Sukta 1694/1816,
152. Naradsmriti ("Critical Edition and Translation" 1st 2778/2672 Edn 2003
153. Narsingh-Puranam published by Geeta Press, 4310/4765 Gorakhpur 1999 (Samvat 2056)
154. New English Dictionary, Vo. IX, Part II 2700/2604
155. Nitya Karma Puja Prakash 1694/1814
156. Outlines of Muhammadan Law by Asaf A.A. 3503/3496 Fyzee, Second Edition 1955
157. Oxford Advanced Learner's Dictionary of Current 2293/2275, 2294/2277 English first published 1948 by Oxford University Press
158. Oxford Advanced Learner's Encyclopedic 3373/3306 Dictionary published by Oxford University Press, first published in 1989
159. Oxford English-English-Hindi Dictionary 2801/2684 published by Oxford University Press, first published in 2008 5212
160. P Ramanatha Aiyar's The Law Lexicon with Legal 2219/2225, 2220/2229, Maxims, Latin Terms and Words & Phrases, 2293/2276, 2294/2277, Second Edition 1997), published by Wadhwa and 2812/2699, 3375/3306 Company Law Publishers 161. Parashara 1707/1827
162. Periplus of the Erythraean Sea 4098/4486
163. Perspectives in Social and Economic History of 3864/4055, 3875/4122 Early India by Prof. R.S. Sharma published in 1983 by Munshiram Manoharlal Publishers Pvt. Ltd., New Delhi
164. Picturesque Illustrations of Ancient Architecture in 4240/4611 India
165. Precedents of Hindu Law Vol. II by Mac Naughton 1940/2024
166. Principles and Precedents of Moohummudan Law 3220/3112, 3503/3496 by W.H. Macnaghten (first published 1825)
167. Principles of Hindu Law, 1958 Edn, of Mulla 1707/1826, 1737/1860, 2588/2542, 2595/2548, 3500/3492
168. Principles of Mohammedan Law by Sir D.F. 3218/3111, 3219/3112, Mulla 3322/3272, 3394/3318, 3503/3496 169. Puranas 4129/4518 170. Purush Sukta 1694/1811
171. Rajasthan Ki Bhakti Parampara Evam Sanskriti by 753/1050 Sri Dinesh Chandra Shukla and Onkar Narain Singh published at Rajasthani Granthagar, Jodhpur
172. Ram Janambhoomi-Babri Masjid Revisited by Dr. 4028/4384 S.P. Gupta
173. Ram Janmabhumi Controversy: Passion Apart 4027/4384 What History and Archaeology Have to Say on this Issue
174. Report of Archaeological Survey of North West 3525/3525 Provinces and Oudh 1889
175. Report on the settlement of the Land Revenue of 1419/1569, 2626/2568, the Fyzabad District, (Book No. 18) by A.F. 3353/3299, 3402/3331, Millett, C.S., Officiating Settlement Officer, 3524/3525, 4266/4692 5213 published by North Western Provinces and Oudh Government press, Allahabad in 1880 176. Rigveda 4113/4503
177. Rigveda Samhita 4090/4444, 4295/4749, 4296/4749
178. Riyazu-S-Salatin, A History of Bengal 3165/2998
179. Roscoe Pounde's Jurisprudence, Part, IV, 1959 1911/1985 Edition
180. Sacred Books of East by Max Muller 4189/4571
181. Salmond's Jurisprudence Twelfth Edition by F.J. 1237/1408, 1751/1865, Fitzgerald 2788/2681
182. Samrangan Sutradhar 1731/1855
183. Samveda 4116/4505, 4117/4506
184. Sanskrit Dictionary 4235/4609
185. Sanskrit English Dictionary by Sir Monier 4309/4765 Williams (first published in 1899) (reprinted in 1997) (by Motilal Banarasidass)
186. Sanskrit Hindi Kosh written by Waman Shivram 4309/4764 Apte, first published in 1966
187. Sanskrit Inscriptions of Delhi Sultanate 1191-1526 3656/3717 by Pushpa Prasad
188. Sarkar's Law of Evidence, 16th Edition, 2007 Vol. 3593/3588 1
189. Sastri's Hindu Law, 5th Edn 2667/2585 190. Shakuntala 4180/4567
191. Shri Guru Granth Sahib (Chauthi Sainchi) 4345/4812 translated by Dr. Manmohan Sehgal
192. Shri Narsinghpuranam, Samvat 2056, published by 1694/1811, 4090/4444, Geeta Press Gorakhpur, 4302/4757
193. Shrimad Bhagwat Gita 1707/1823, 1764/1874, 3500/3493 194. Shukranitih 2637/2571 5214
195. SI-YU-KI, Buddhist Records of the Western World 4319/4772, 4322/4775 translated from Chinese of Hiuen Tsiang (A.D.
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196. Sikhs and Sikhism written by W.H. Mcleod first 4335/4803 published in 1999
197. Skanda-Purana, translated and annotated by Dr. 3500/3493, 4090/4444, G.V. Tagore, Part-VII, first published in Delhi in 4701/4752, 4301/4752, 1995 by Motilal Banarasidas 4302/4753 198. Smriti 4125/4517
199. Smritis of Manu (200 BC) 1707/1827 200. Smrti-Sutra 4126/4517
201. Smrtiti on Vyavahara 1707/1827
202. Sri Guru Granth Sahib (Dusari Sainchi) translated 4370/4926 by Dr. Manmohan Sahgal
203. Sri Guru Granth Sahib (Pahli Sainchi) translated 4367/4923, 4368/4924 by Dr. Manmohan Sahgal
204. Sri Guru Granth Sahib with Hindi translation by 4339/4806 Dr. Manmohan Sahgal, 6th Edn. 2001
205. Sri Ram Janambhumi (Sachitra, Pramanik Itihas 754/1054, 4021/4354 by Dr. Radheyshyam Shukla published in 1986
206. Sri Ram Janambhumi Ka Rakt Ranjit Itihas by 4024/4375 Late Pt. Sri Ramgopal Pandey "Sharad", published by Pt. Dwarika Prasad Shivgovind, Ayodhya (1987)
207. Sri Ramacaritamanasa published by Geeta Press 1913/1986, 4090/4444, Gorakhpur, first edition 1968, 11th edition 1999 4304/4758
208. Sri Satpath-Brahman 1694/1814
209. Sri Shukla Yajurvediya 1694/1814
210. Tabkats I Akbari by Khwaja Nizamuddin Ahmad 3155/2988
211. Taittiriya Sanhita 4090/4444, 4115/4505, 4297/4750
212. Tajmahal, the Illumined Tomb compiled and 3299/3232 Translated by W.E.Begley and Z.A.Desai published by the University of Washington Press, 5215 1989
213. Tarikh-E-Avadh (Hissa Doyam) by Allama 3520/3518 Muhammad Nazmul Gani Khan Rampuri (1859- 1932 Isvi) Revised by Dr. Zaki Kakoravi 1983 A.D
214. Tarikh-I-Daudi of Abdulla 4009/4339
215. Tarikh-I-Firishta by Mohammad Kasim Hindu 4007/4337 Shah
216. Tarikh-i-Shahi 3155/2988
217. Tarikhe Feristha by Mahomed Kasim Feristha 3161/2995
218. The Chambers Dictionary (Deluxe Edition) (1993) 2293/2276, 2294/2277, published by Allied Chambers (India) Limited 2803/2685 New Delhi
219. The Classical Law of India by Robert Lingat 1704/1821
220. The Disputed Mosque-A Historical Enquiry by 473/665, 1350/1484, Sushil Srivastava, published in 1991 by Vistaar 1452/1599, 3659/3721, Publications, New Delhi 3660/3721, 3661/3721,
221. The Elementary Principles of Jurisprudence by 2794/2683 G.W. Keeton, II Edition (1949)
222. The Encyclopaedia of Religion and Ethics, Vol. VI 4290/4743
223. The English Factories in India (1668-1669) by Sir 3298/3223 William Foster
224. The Evolution of the Sikh Community by W.H. 4348/4817 Mc Leod
225. The Hedaya (A Commentary on the Mussulman 3224/3114 Laws)
226. The Hedaya by Charles Hamilton (edited 1871) 3503/3496
227. The History and Culture of Indian People - The 4096/4486 Vedic Age Vol.-I published by Bharatiya Vidya Bhavan, Mumbai- Sri R.C.Majumdar, A.D.Pusalker and A.K.Majumdar, 6th Edition 1996
228. The History and Culture of the Indian People- 4391/4948 British Paramountcy and Indian Renaissance Part II (Vol. 10) edited by R.C. Majumdar
229. The History and Culture of the Indian People; The 4042/4398 5216 Delhi Sultanate publish by Bharatiya Vidya Bhavan (1st published in 1960, 4th Edition 1990) forwarded and edited by K.M.Munshi, R.C.Majumdar, A.D.Pusalker and A.K.Majumdar
230. The History of British India by James Mill (Vol.1) 3298/3223 published by Associated Publishing House, New Delhi, First Published 1817, Second Edition in 1829 and Second Reprint in 1978
231. The History of Islam by Akbar Shah Najeebabadi, 3225/3114, 3503/3496 revised by Safi-ur-Rahman Mubarakpuri, published by Darussalam, Riyadh, Saudi Arabia
232. The History of the Indian Empire by Robert 4249/4633 Montgomery Martin first published in 1983 by Mayur Publications Delhi
233. The History, Antiquities, Topography and Statistics 1409/1562, 1411/1564, of Eastern India (1838 AD) by Robort Montgomry 1608/1728, 3515/3509 Martin (Vol-II) (first published in 1838 AD)
234. The Indian Antiquary A Journal of Oriental 3669/3737 Research by Sir Richard Carnac Temple, Vol. XXXVII, 1908 published by Swati Publications Delhi, 1985
235. The Judicial Dictionary of Words and Phrases 2219/2223, 2220/2227, Judicially Interpreted, to which has been added Statutory Definitions by F. Stroud Second Edition Vol. 1 (1903)
236. The Law Relating to Gifts, Trusts and 3222/3113, 3503/3496 Testamentary Dispositions among the Mahommedans (Tagore Law Lectures-1884) by Syed Ameer Ali
237. The Laws of Manu Penguin Classics, Edn 2000 2592/2546, 2606/2554, 2778/2672
238. The Layman's Dictionary of English Law by 1673/1792 Gavin McFarlane (1984), published by Waterlow Publishers Limited
239. The Monumental Antiquities And Inscription In 3668/3734 The North Western Provinces And Oudh published by Indological Book House, Varanasi in 1969
240. The Monumental Antiquities And Inscriptions In 4326/4783 5217 The North-Western Provinces And Oudh by A. Fuhrer
241. The Mughal Empire edited by Sri R.C. Majumdar 3162/2996
242. The Naradasmrti 2635/2571, 2830/2718
243. The New Cambridge History of India II.3 The 4046/4406 Sikhs of the Punjab by J.S. Grewal
244. The New Encyclopaedia Britannica, Vol. 9 3500/3493
245. The New Lexicon Webster's Dictionary of the 1672/1792, 2220/2226, English Language (1987), published by Lexicon 2293/2274, 2294/2276, Publications, Inc. 2802/2684, 3372/3306
246. The Philosophy of History by Hegel 4168/4558
247. The Sacred Books Of The east under title 'The 1694/1816 Satpath - Brahmana' Part I on its page 215, Edn. Reprint 2001 Published by Motilal Banarasidass, Delhi 110007
248. The Sacred Scriptures of India, Swami Chidatman 4113/4502, 4115/4505, Jee Maharaj, first published in 2009 by Anmol 4117/4506, 4120/4510 Publications Pvt. Ltd., New Delhi
249. The Sharqi Architecture of Jaunpur by A. Fuhrer, 1319/1461, 1320/1461, first published in 1889, reprinted in 1994 1436/1584
250. The Sikh Religion-Its Gurus Sacred Writings and 4341/4808, 4346/4814 Authors by Max Arthur Macauliffe
251. The Sikh World-An Encyclopaedic Survey of Sikh 4349/4817 Religion and Culture by Ramesh Chandra Dogra Urmila Dogra
252. The Song of the Aborable One 4179/4566
253. The Spirit of Islam (A History of the Evolution 3158/2992, 3159/2993, and Ideals of Islam with a Life of the Prophet) by 3160/2994, 3216/3097 Syed Ameer Ali
254. Travels in the Moghal Empire, AD 1656-1668 by 3298/3221 Francois Bernier
255. Treatise on Hindu Law by Golapchandra Sarkar, 1694/1808, Sastri (6th Edition, published by Easter Law House (1927) 5218
256. Tree and Serpent Worship 4240/4611
257. Tri- Vikrama- Nirnaya - Sindhu - Kamalakar 1694/1810 Bhatta, Bombay Edition of 1900 p.264.
258. Upanisads 4123/4511259. Uttar Pradesh District Gazetteers-Faizabad by Smt. 1434/1582, 2627/2568, Esha Basanti Joshi (Book No. 17) was published 3358/3300, 3530/3528, in 1960 printed at the Indian Press (Private) Ltd., 4285/4737 Allahabad
260. Uttar Taimoorkalin Bharat Bhag.1 (History of the 3155/2989 Part-Taimoor Sultans of Delhi, Part 1)
261. Vagasaneyee Samhita Chapter XXXI 1694/1811 262. Vaisheshik 1753/1867
263. Valmiki Ramayan (translated by Chaturvedi 3500/3493 Dwarka Prasad Sharma) 264. Vedanta 4137/4532
265. Waqiyat-i-Mutaqi written by Rizkulah Mutaqi 3155/2988
266. Wilson's Anglo-Mahomedan Law 3249/3133
267. Words and Phrases by Justice R.P. Sethi 3240/3129
268. Words and Phrases Legally Defined, Vol. 2 (1969), 2219/2224, published by Butterworth & Co. (Publishers) Ltd.
269. Words and Phrases Permanent Edition, Vol. 12A 2220/2228, 2808/2690 (1954), published by St. Paul, Minn. West Publishing Co.
270. Words and Phrases Permanent Edition, Vol. 45, 1670/1792 published by St. Paul, Minn. West Publishing Co.
271. Yajnavalkya (1st Century AD -p. 24)) 1707/1827
272. Yajnavalkyasmriti 2636/2571, 3393/3318, 3500/3492
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274. Yajurveda Samhita 4090/4444, 4298/4750 Dated:30.09.2010