(Judgment reserved on 26.07.2010) (Judgment delivered on 30.09.2010) In the High Court of Judicature at Allahabad (Lucknow Bench) Other Original Suit (O.O.S.) No.1 of 1989 (Regular Suit No.2 of 1950) Gopal Singh Visharad since deceased and survived by Rajendra Singh Vs. Zahoor Ahmad and others AND Other Original Suit No.3 of 1989 (Regular Suit No.26 of 1959) Nirmohi Akhara and others Vs. Baboo Priya Datt Ram and others AND Other Original Suit No.4 of 1989 (Regular Suit No.12 of 1961) The Sunni Central Board of Waqfs, U.P. and others Vs. Gopal Singh Visharad (since deceased) and others AND Other Original Suit No.5 of 1989 (Regular Suit No.236 of 1989) Bhagwan Sri Ram Lala Virajman and others Vs. Rajendra Singh and other Prelude Here is a small piece of land (1500 square yards) where angels fear to tread. It is full of innumerable land mines. We are required to clear it. Some very sane elements advised us not to attempt that. We do not propose to rush in like fools lest we are blown. However we have to take risk. It is said that the greatest risk in life is not daring to take risk when occasion for the same arises. Once angels were made to bow before Man. Sometimes he has to justify the said honour. This is one of those occasions. We have succeeded or failed? No one can be a judge in his own cause. Accordingly, herein follows the judgment for which the entire country is waiting with bated breath. Foreword Pleadings, issues, evidence oral as well as documentary, the arguments of learned counsel of all 4 the parties and cited books gazettes and rulings of Privy Council, Supreme Court and High Courts have been mentioned in great detail in the judgment of my esteemed brother Sudhir Agarwal, J. I am therefore skipping the details and giving only a bird’s eye view thereof. Introduction:- (Mainly the position till the institution of the first suit on 16.01.1950) The principle enunciated in Sections 6, 7 and 9 of Evidence Act is the reason for this introduction. In Ayodhya, District Faizabad, there is a premises consisted of constructed portion and adjoining land surrounded by a boundary wall (total area about 1500 square yard) used for worshipping purpose(s), which was undisputedly constructed before 18th Century. Muslims claimed that the entire premises was a mosque known by the name of Babari Mosque. However, it is admitted to the Muslims that since middle of 19th 5 Century outer part of the adjoining land was having a chabootara towards South-East admeasuring 17’ x 21’ (39.6 square yard) on which Hindus were worshipping. Hindus claim it to be much older. Rival claims of both the parties over the premises in dispute have been judicially noticed in 1885. The dispute had earlier also been noticed in the records of different government officers since 1855 when a riot took place between Hindus and Muslims. It is mentioned that on a nearby temple known by the name of Hanuman Garhi, rohit typing center.