AIROnline 2019 SC 1420 ::2020 (1) SCC 1 ::(2019) 15 Scale 1

Supreme Court Of India

Hon'ble Judge(s): Ranjan Gogoi, S. A. Bobde, Dhananjaya Y. Chandrachud, Ashok Bhushan, S. Abdul Nazeer , JJJ

(A) Acquisition of Certain Area at Ayodhya Act (33 of 1993) , S.6, S.7— Constitution of India , Art.25— Limitation Act (36 of 1963) , Art.65— Ram Janmbhoomi and Babri Masjid dispute-Suit for declaration of title-Entire disputed land of 2.77 acres in Ayodhya must be handed over for the construction of Ram Mandir-Three-way bifurcation by the High Court as if it was suit for partition was legally unsustainable. (Para 788 797 799) The High Court has adopted a path which was not open to it in terms of the principles. There was no basis in the pleadings before the High Court and certainly no warrant in the reliefs which were claimed to direct a division of the land in the manner that a court would do in a suit for partition. Three-way bifurcation by the High Court was legally unsustainable. The findings of ASI report cannot be brushed aside as conjecture ASI reports show that the Babri Masjid was not built on a vacant land. The underlying structure was not of Islamic origin. There is clear evidence to indicate that the worship by the Hindus in the outer courtyard continued unimpeded in spite of the setting up of a grill-brick wall in 1857. Their possession of the outer courtyard stands established together with the incidents attaching to their control over it. (i) The found....