HON’BLE DHARAM VEER SHARMA.
…The place belongs to the Deities. No valid waqf was ever created or could have been created of the place or any part of it, in view of the title and possession of the plaintiff deities thereon. Neither ALLAH nor any person on his behalf had any possession over any part of the premises at any time whatsoever, not to speak of any adverse possession….
…The possession of deities over the building in premises is admitted by all the concerned parties. Ever since the installation of the first <1>, plaintiff’s idol since the possession of deities continued all along, their possession places the matter of their title beyond any doubt or dispute. Even if there had been any person claiming title to the property adversely to the Plaintiff Deities that would have been extinguished by their open and long adverse possession,…
…The place is a deity. It has existed in this immovable form through the ages, and has ever been juridical persons. The actual and continuous performance of Puja of such an immovable Deity by its devotees is not essential for its existence as a Deity. The deity continues to exist so long as the place exists, and being land, it is indestructible. Thus,
Asthan Sri Rama Janma Bhumi is an indestructible and immovable Deity who has continued to exist throughout the ages….
…After independence from the British Rule, the Vairagis and the Sadhus and the Hindu public, dug up and levelled whatever graves had been left in the area surrounding Sri Rama Janma Bhumi Asthan and purified the place by Akhand Patha and japa by thousands of persons all over the area.
Ultimately, on the night between the 22nd / 23rd December, 1949 the idol of Bhagwan Sri Rama was installed with the ceremony under the central dome of the building also….
High Court of Allahabad for more
(Thanks to Mukul Dube; his comments: “The PDF file extracts from which are reproduced below can be had at Allahabad High Court. It is the ‘Judgment delivered by Hon’ble Dharam Veer Sharma, J.’
“It does not seem to me that elaborate comment is needed on the evident scheming, on the confounding of plaintiff and judge, and on the crafty intertwining of historical fact and mere belief. The treatment of limitation and of adverse possession is elegantly simple: chit main jeeta, pat tu hara. When Law does not help, make Deities pile on to it and come to the aid of those who invented them.)