Leading evidences can only decide maintainability says lady lawyer from Hindu side. –Krishna Janm Bhumi, Shahi Eidgah issue… Allahabad High Court fixes May 15 for next hearing.

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In the matter of Krishna janmbhumi and Shahi Eidgah dispute at Mathura , appearing on behalf of Hindu side it was submitted by its counsel Rina N Singh on Tuesday that it had been the nature of Waqf to encroach any property, change the nature and convert the same as waqf property without having any ownership over it. “Such practice cannot be permitted”, she added.

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Regarding raising of preliminary objection regarding the maintainability of the suits by muslim side, she further submitted that the suit property reportedly came in the favour of Waqf through a compromise entered in 1968 . But in the said compromise, the owner was not a party. “The owner of property is deity but deity was not made party in the compromise, hence it is not a valid compromise”, she added.

 

She further said provisions of Places of Worship Act 1991 as well as Waqf Act are not applicable in the present case. According to her, the suit is maintainable and the plea regarding non maintainability can only be decided after leading evidences.

 

The matter is being heard by Justice Mayank Kumar Jain on applications moved under order seven rule eleven of civil procedure code moved by Muslim side challenging the maintainability of suits .

 

After hearing, Justice Mayank Kumar Jain has fixed May, 15, 2024 as the next date of hearing.

 

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