Civil Suit Filed in Mathura Court Seeks Removal of Masjid Idgah From Shri Krishna Janmasthan
The Suit states “That under Hindu Law prevalent in India from thousands of years it is well recognized that the property once vested in the deity shall continue to be the deity’s property”
(Judicial Quest News Network)
A civil Suit has been filed in Mathura Court by Hindu Deity, Lord Shri Krishna Virajman seeking to reclaim the ownership over entire 13.37 Acres of Krishna Janmabhoomi land and removal of Shahi Idgah Masjid.
The suit is moved by ‘Next Friend’ Ranjana Agnihotri and six other devotees of Lord ShriKrishna.
The plea describes that Lord Krishna “That Plaintiff No.1 (One) is deity recognized under Hindu Law. He is minor. He is a juristic person. He can sue and be sued through shebait and in his absence through next friend. It can own, acquire and possess the property. It has every right to protect its property and to recover its lost property through shebait and in absence of shebait through next friend by availing an appropriate remedy in Court of law”
This Suit is Moved Through Advocates Hari Shanker Jain and Vishnu Jain
The Civil Suit seeks removal of encroachment and superstructure “illegally raised by Committee of Management of alleged Trust masjid Idgah with the consent of Sunni Central Board of Waqf land khewat No.255 (Two Hundred and Fifty Five) at Katra Keshav Dev city Mathura belonging to deity Shree Krishna Virajman.”
It is alleged in the suit that the masjid Trust Idgah, with the help pf some Muslims, put super structure and encroached upon the land of Katra Keshav Dev belonging to Shri Krishna Janmasthan Trust and the deity and added that “it is there without any authority”
According to the Suit, Mughal emperor Aurangzeb, who ruled over India from July 31, 1658, to march 3, 1707 AD, “had issued orders for the demolition of a large number of Hindu religious places and temples.” This was including the temple standing at the birth place of Lord Shri Krishna at Katra Kesahv Dev, Mathura in the year 1669-70. The Army of Aurangzeb partly succeeded to demolish Keshav Dev Temple and construction was forcibly raised showing the might of power and said construction was named as Idgah Mosque. The Suit reads.
It is also stated that the plaintiff have a right under Article 26 of the Constitution of India to regain , hold and manage the property belonging to, owned and possessed by deity Lord Shree Krishna Virajmaan.”
It is also mentioned in the suit that U.P. Sunni Central Waqf Board has been arrayed as Defendant No.1 (One) as it granted approval to Committee of Management Trust Masjid Idgah to enter into the compromise dated 12.10.1968, (Twelve Ten Nineteen Sixty Eight) which was illegal and void for the reason that society Shree Krishna Janmasthan Seva Sangh had no right over the property involved in Civil Suit No.43 (Forty Three) of 1967 (Nineteen Sixty Seven), decided by Ld. Civil Judge, Mathura at it was neither owner nor proprietor of the property involved in the said suit situated at Katra Keshav Dev.The Suit states.
Disputing the legality of the compromise, the plaintiff have submitted that it ie relevant to mention that Shree Krishna janmasthan Seva Sangh has no property or ownership right in the property of Katra Keshavdev which stood vested in the deity and trust.
It is further contended: That in fact the original karagar i.e. the birth place of Lord Krishna lies beneath the construction raised by Committee of Management i.e. Trust Masjid Idgah. The true fact will come out before the Court after excavation.
The Sunni Central Board of Waqf has been arrayed as a defendant since it is alleged that the Board granted approval to the Committee of management Trust Masjid Idgah to enter into compromise with Shree Krishnam Janmasthan Seva Sangh, giving away some of the deity’s land for building the Mosque.
The Suit further states that That Shree Krishna Janmasthan Sewa Sangh had no proprietary or ownership right over any inch of land of Katra Keshav Dev and it had no power or authority to file Suit No.43 (Forty Three) of 1967(Nineteen Sixty Seven) and to enter into agreement with Trust Alleged Shahi Masjid Idgah in respect of the land and property of Katra Keshavdev. Thus the compromise entered into between Shree Krishna Janmasthan Sewa Sangh and Trust Alleged Shahi Masjid Idgah is illegal and void abinitio and same is not binding on the deity and the devotees.
Further Shree Krishna janmabsathan Trust has been arraye as Oppsite Party, as it is contendedthat the Trust has remained non-functional since 1958 and it has failed to protect , manage and save the property of the deity.
The suit prayed for a deceleration that 1974 decree accepting the compromise deed should be held to be not binding of Shree Krishna Virajman.
