M SIDDIQ (D) THR LRS versus V. MAHANT SURESH DAS & ORS

M SIDDIQ (D) THR LRS versus V. MAHANT SURESH DAS & ORS

Hindus established possessory title to the disputed property through long, continuous, and unimpeded worship; Sunni Central Waqf Board's claim of dedication by user or adverse possession is not established; three-way division by the High Court was legally unsustainable and the disputed site constitutes a composite whole. Muslims were wrongfully deprived of their mosque; justice requires allocation of 5 acres of alternate land to the Sunni Central Waqf Board. Management scheme to be framed by Government, with Nirmohi Akhara assigned a role; affirmation of worshipper's rights subject to public order.

Parties
Appellant: M Siddiq (D) Thr LRS; Respondent: Mahant Suresh Das & Ors
Jurisdiction
India
Judgment Date
09 November 2019
Procedural Posture
Civil Appeal / Final Supreme Court Judgment
Outcome
Appeals disposed of with final decree.
Legal Topics
Ayodhya Matter, Ram Janmabhumi, Babri Masjid Dispute, Limitation, Partition, Places of Worship (special Provisions) Act 1991, Shebait, Debutter Property
Religion Property Partition Civil Procedure Ayodhya Matter Ram Janmabhumi Babri Masjid Dispute Limitation +3 more

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Parties

M Siddiq (D) Thr LRS

Appellant

Mahant Suresh Das & Ors

Respondent

Procedural Posture

Civil Appeal / Final Supreme Court Judgment

Legal Issues

  1. 1 Ownership of the disputed site in Ayodhya between Hindu and Muslim communities
  2. 2 Maintainability and limitation of competing suits
  3. 3 Relief for parties wrongfully dispossessed from religious sites

Ratio Decidendi

Hindus established possessory title to the disputed property through long, continuous, and unimpeded worship; Sunni Central Waqf Board's claim of dedication by user or adverse possession is not established; three-way division by the High Court was legally unsustainable and the disputed site constitutes a composite whole. Muslims were wrongfully deprived of their mosque; justice requires allocation of 5 acres of alternate land to the Sunni Central Waqf Board. Management scheme to be framed by Government, with Nirmohi Akhara assigned a role; affirmation of worshipper's rights subject to public order.

Court Disposition

Appeals disposed of with final decree.

Orders

  • Disputed site to be handed over for construction of temple; Suit 5 decreed.
  • Sunni Central Waqf Board allotted 5 acres of alternate land for mosque; Suit 4 partly decreed.