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KRISHNA JANMABHOOMI CASE : THE DISTRICT COURT OF MATHURA CONSIDERED APPEAL QUESTIONING THE REJECTION OF SUIT

The Mathura District Judge recognized the appeal made for Bhagwan Shri krishna Virajman and Asthan Shri Krishna Janmabhumi questioning the rejection of a case with respect to the excision of Shah Edga Mosque in Mathura, situated across the Krishna Janmabumi.

CASE ANALYSIS

Advocates Hari Shankar Jain, Vishnu Shankar Jain and Pankaj Kumar Verma filed the appeal on behalf of the appellants.

The respondents to this appeal were Sunni Central Wakf board of Uttar Pradesh and the Shahi Idgah Mosque Trust.

In an appeal before the District court of Mathura presided by J. Sadhna Rani Thakur, the appellants claimed that the whole property comprising about 13.37 acres is entrusted to Lord Shri Krishna Virajman. And added that being the admires of Lord Krishna, they are entitled to proceed with this case by virtue of their right to freedom guaranteed by the Constitution of India in Article 25.

The appellants lay claim to the title of property ‘KatraKeshav Dev land’ which comprises of 13.37 acres in the name of Lord Shri Krishna Virajman.

The historic events of this case are as follows;

The property was bought by Seth Jugal Kishore Birla from the inheritors of Raja Patnimal, which later resulted in the formation of a trust in the year 1951.

This property endowed to Lord Krishna was termed as Shri Krishna Janmabhoomi Trust which was subjugated by a group of Shri Krishna Janmasthan SevaSansthan Trust in the following year.

The Shri Krishna Janmasthan SevaSansthan and the Shahi Idgah Masjid Trust came in to an agreement on October, 1968.

In doing so, the Shri Krishna Janmasthan SevaSansthan granted the precious property of the Hindu deity to the Masjid Idgah Trust although they have no ownership over the land which was formerly assigned to the trust in the name of Lord Shri Krishna and they were not legally entitled to sue and form any contract related to the property already owned by the Trust.

Prior to the appeal this case has been heard and the plea for the excision of Shahi Idgah Mosque was rejected by the civil court of Mathura and stated that there are a huge number of admirers of Lord Krishna and the judiciary will be put at stake if those kind of suit is admitted.

The case was filed by Standing Counsel of Union of India as well as a senior lawyer in the HC of Allahabad, Ranjana Agnihotri and others.

The case was to dismiss the order issued by Civil Judge of Mathura in connection with the repossession of 13.37 acres in the name of Lord Shri Krishna Virajman.

The averments levelled in the appeal are as follows;

Being the devotees of Lord Krishna we are obliged to take all necessary steps and sincere efforts for the recovery of the 13.37 acres of land. And are entitled to ensure the administration of the temple as well as the valuables belonging to Lord Krishna.

The decree in accordance with the agreement entered by Shri Krishna Janmasthan SewaSangh and Shahi Idgah Masjid Trust has been attained through fraud when the title of property is under dipute and is legally void.

The order of rejection by the civil court of Mathura was also in accordance with the earlier agreement which is said to have been entered by Shri Krishna Janmasthan SewaSangh and Shahi Idgah Masjid Trust and is an erroneous mental speculation from the part of the court.

Moreover, the appellant contended that the dismissal of the suit for the reason that if such a plea is supported it would be a chance for others to approach the court on the same cause of matter is unjustifiable.

JUDGEMENT IN BRIEF

The District court of Mathura presided by J. Sadhna Rani Thakur allowed the plea with an order directing the Sunni Central Wakf board of Uttar Pradesh to ablate the Shahi Idgah Mosque, built intruding the property entrusted to Lord Shri Krishna Virajman.

By Parvathy. C.B