The Hindu side in the Krishna Janmabhoomi–Shahi Idgah lawsuit Monday asserted that “forced possession” of “temple land” does not mean that it is the property of the Wakf board. Countering the argument put forth by the Muslim side in the Allahabad High Court that the dispute is related to a Waqf property, the Hindu side asserted that the property was a temple in the past.
“…and after taking forcible possession of the same they started to offer Namaz but by this, the character of land cannot be changed,” the counsel representing the Hindu side argued, claiming it was not Waqf property and thus does not come under the purview the Wakf act.
Shahi Idgah Masjid, a Waqf property, says Muslim side
Earlier, the Muslim side had questioned the maintainability of the suit, claiming the disputed Shahi Idgah Masjid is a Waqf property and thus the jurisdiction to hear the matter is only with the Wakf Tribunal and the civil court has no jurisdiction to hear the case.
Replying to the arguments from the Muslim side, the Hindu side submitted that the suit is maintainable and the plea regarding non-maintainability can only be decided after leading evidence.
“The plea regarding the application of Places of Worship Act as well as Waqf Act can only be determined by evidence by the parties in suit and cannot be decided while hearing an application under Order 7 Rule 11 of Civil Procedure Code,” the counsel submitted.
‘Religious character of site can’t be changed’
Earlier, Vishnu Jain, appearing for the Hindu side, had said that merely by saying that now a mosque is there on the property, the Wakf Act will not apply.
The religious character of the property cannot be changed merely demolishing it. He further submitted that it has to be seen and decided whether the alleged Waqf deed is valid or not.
“If property is not a valid property of Waqf, it would not be a valid Waqf. All these things are to be seen during the trial and thus the present suit is maintainable,” he had argued.
Justice Mayank Kumar Jain, who was hearing the petitions on the maintainability of the suit, fixed April 30 as the next date of hearing.
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