In the matter of Krishna janmbhumi and Shahi Eidgah dispute at Mathura appearing on behalf of Hindu side, it was submitted by the counsel that the compromise dated 1968 between Shahi-Eidgah mosque committee and Hindu side was not signed by all the members of the trust or the plaintiffs to the suit but only three persons have signed it.
In reply to the same, the counsel for the UP Sunni Central Waqf Board, Afzal Ahmad said that only those persons authorised by the trustees through the resolution passed in the meeting of trustees have put their signatures on the said compromise by which the Waqf board has vacated its land and after evicting its 40 tenants and licensees , the Waqf Board has given the land to the temple. Hence, the said compromise between Eidgah and Hindu side is a valid one, which was affirmed by the civil suit decided in 1974.
The limitation to challenge a compromise is three years but suit has been filed in 2020 and thus present suit is barred by limitation, he added.
After hearing both sides, Justice Mayank Kumar Jain directed to continued hearing of this case tomorrow (on Tuesday).
The court is hearing the 18 consolidated suits. An applications moved on behalf of the Muslim side challenging the maintainability of suits .
Earlier on behalf of the Hindu side, it was raised that in the alleged compromise deity was not a party, nor a party in court decree passed in 1974. It was said that alleged compromise was entered into by Sri Janm Sewa Sansthan, which was not empowered to enter into any compromise. The object of the Sansthan was only to manage day to day activities and had no right to enter into such compromise.
However, the plea raised by the Muslim side (Shahi-Eidgah committee) is that the property being waqf property, the dispute can only be resolved before waqf tribunal. Anyone, being an aggrieved person can raise his grievance before tribunal.
