Allahabad: Hearing in the matter of Krishna Janmbhumi and Shahi Eidgah title dispute at Mathura will continue on Wednesday before the Allahabad High court .
The matter is being heard by Justice Mayank Kumar Jain on applications (under Order 7 Rule 11 civil procedure code ( CPC ) moved by Muslim side challenging the maintainability of 18 consolidated suits .
Today (on Tuesday), appearing on behalf of Hindu side, Saurabh Tiwari, the counsel of one of the suits, in reply to the arguments raised from Muslim side submitted that the suit is maintainable and the plea regarding non-maintainability can only be decided after leading evidences.
It was further submitted that provisions of Places of Worship Act 1991 will not apply here. Another counsel Rahul Sahai submitted that religious character has not been defined in 1991 Act. The religious character of place/structure can only be decided by evidence, which can only be decided by civil court .He also placed judgement passed in Gyanvapi case where court had held that religious character can only be decided by a civil court.
It was further submitted that provisions of Waqf Act will not apply as the property in dispute is not waqf property . The property in question was a temple and after taking forceful possession of the same they started to offer Namaj but by this way the character of land can not be changed. It was further submitted that as the property in question is not waqf property and this court has jurisdiction to hear the matter.
