In the matter of Krishna janmbhumi and Shahi Eidgah title dispute at Mathura , appearing on behalf of Uttar Pradesh Sunni Central Waqf Board, its counsel Afzal Ahmad submitted that in the present matter a compromise was executed on October 12, 1968 in between Hindu side and Waqf Board by which disputed property was given to Shahi Eidgah. He said compromise has also been confirmed in a civil suit decided in 1974.
It was said that compromise was entered by Sri Janm sewa Sansthan in which well known persons were members. He further submitted that as various litigations were going on in between the parties, therefore they decided to enter into compromise, and since then Namaj is being performed by people of Muslim community. “Therefore, this compromise being a valid one cannot be overlooked”, added counsel of Waqf Board.
However, opposing this plea from Hindu side, it was submitted that from their own version the parties in compromise were Waqf board and tenants and licency of Shahi Eidgah. Which shows that signatories were not the owners of property but were tenants and licences of Shahi Eidgah. The property belongs to diety ( Bhagwan Shri Keshav Dev Virajman, Katra Keshav Dev and thus Janm sewa Sansthan had no right to enter into compromise.
The object of the Sansthan was only to manage day to day activities.The matter is being heard by Justice Mayank Kumar Jain on applications under Order 7 Rule 11 of civil procedure code (CPC) moved by Muslim side challenging the maintainability of suits .
After hearing both sides, the Justice Mayank Kumar Jain adjourned the hearing of the case till May 24, 2024.
