Justices Khan and Agarwal decreed that the 2.7 acre land comprising the disputed site should be divided into three equal parts and be given to Sunni Wakf Board, Nirmohi Akhara and the party representing 'Ram Lala Virajman' (Ram deity). However, the third judge Justice D V Sharma ruled that that the disputed site is the birth place of Lord Ram and that the disputed building constructed by Mughal emperor Babur was built against the tenets of Islam and did not have the character of the mosque. Justice Khan said "all the three sets of parties, i.e. Muslims, Hindus and Nirmohi Akhara are declared joint title holders of the property/premises in dispute as described by letters A B C D E F in the map Plan-I prepared by Shri Shiv Shankar Lal, Pleader/Commissioner appointed by court in Suit No. 1 to the extent of 1/3rd share each for using and managing the same for worshipping.
A preliminary decree to this effect is passed." However, the judge observed that it is further declared that the portion below the central dome where at present the idol is kept in makeshift temple will be allotted to Hindus in final decree. He also said that Nirmohi Akhara will be allotted share including that part which is shown by the words 'Ram Chabutra' and 'Sita Rasoi' in the said map. Justice Khan said even though all the three parties are declared to have one-third share each, "however, if while allotting exact portions, some minor adjustments in the share is to be made, then the same will be made and the adversely-affected party may be compensated by some portion of the adjoining land which has been acquired by the central government."
In his gist of findings, Justice Khan observed that the disputed structure was constructed as mosque by or under the orders of Babar but it is not proved by direct evidence that the premises in dispute including constructed portion belonged to Babar or the person who built it. He also said that no temple was demolished for constructing the mosque as it was built over the ruins of temple which was lying for a very long time. In his judgement, Justice Agarwal said "it is declared that the area covered by the central dome of the three-domed structure, i.e., the disputed structure being the deity of Bhagwan Ram Janamsthan and place of birth of Lord Rama as per faith and belief of Hindus belong to plaintiffs (party on behalf of Lord Rama) and shall not be obstructed or interfered in any manner by the defendants."
He also observed that the area within the inner courtyard excepting some portion belongs to members of both the communities, Hindus and Muslims, since it was being used by both since decades and centuries. "It is, however, made clear that the for the purpose of share of plaintiffs (parties on behalf of Lord Rama) under this direction", the area which is covered by central dome of the three-domed structure, shall also be included, he said. Justice Agarwal said the area covered by structures Ram Chabutra, Sita Rasoi and Bhandar in the outer courtyard is declared in the share of Nirmohi Akhara and they shall be entitled to possession thereof, in the absence of any person with better title.
Justice Agarwal said the open area within the outer courtyard shall be shared by Nirmohi Akhara and the party for Lord Rama since it has generally been used by the Hindu people for worship at both places. "It is, however, made clear that the share of Muslim parties shall not be less than one-third of the total area of the premises and if necessary, it may be given some area of outer courtyard. “It is also made clear that while making metes and bounds, if some minor adjustments are to be made with respect to the share of different parties, the affected party may be compensated by allotting the requisite land from the area which is under acquisition of the Government of India," the judge said.
In his findings on issues, Justice Agarwal said the parties of the Muslim side have failed to prove that the property in dispute was constructed by Babar in 1528 AD. Justice Sharma, writing a separate judgement, observed that the disputed site is the birth place of Lord Rama. "Place of birth is a juristic person and is a deity. It is personified as a spirit of divine worshipped as Lord Rama as a child. "Spirit of divine ever remains present everywhere at all times for anyone to invoke at any shape or form in accordance with his own aspirations and it can be shapeless and formless also," he said.
-- TimesNow
