A civil suit has been filed in a Mathura court seeking the ownership over entire 13.37 acres of Krishna Janmabhoomi land in Mathura and also sought the removal of Shahi Idgah Masjid.
The suit states that under “Hindu Law prevalent in India from thousands of years, it is well recognized that the property once vested in the deity shall continue to be the deity’s property.”
The civil suit for Krishna Janmabhoomi seeks removal of encroachment and superstructure “illegally raised by Committee of Management of alleged Trust Masjid Idgah with the consent of Sunni Central Board of Waqf land Khewat No.255 (Two Hundred Fifty Five) at Katra Keshav Dev city Mathura belonging to deity Shree Krishna Virajman.”
Substantiating the locus of Shri Krishna as the plaintiff, the suit for Krishna Janmabhoomi states that the deity is recognized under Hindu Law.
He is minor. He is a juristic person. He can sue and be sued through shebait and in his absence through next friend. It can own, acquire and possess the property. It has every right to protect its property and to recover its lost property through shebait and in absence of shebait through next friend by availing an appropriate remedy in Court of law.
The plea for Krishna Janmabhoomi further states that Aurangzeb ruled over the country from 31.07.1658 (Thirty One Seven Sixteen Fifty Eight) to 3.03.1707 (Three Three Seventeen Zero Seven) AD and he being staunch follower of Islam had issued orders for demolition of large number of Hindu religious places and temples.
“This was including the temple standing at the birth place of Lord Shree Krishna at Katra Keshav Dev, Mathura in the year 1669-70 (Sixteen Sixty Nine- Seventy) AD. The army of Aurangzeb partly succeeded to demolish Keshav Dev Temple and a construction was forcibly raised showing the might of power and said construction was named as Idgah Mosque,” read the suit.
The suit states that the ‘Janambhoomi Trust’ failed to perform its duty to secure, preserve and protect the Trust property. The Trust is defunct from 1958, stated Lord Krishna in Krishna Janmabhoomi.
Suit states that Seth Jugal Kishore Birla created a trust known as Shree Krishna Janmbhoomi Trust registered under Act No.21 of 1860 in the name of Shree Krishna Janmasthan Seva Sangh and the name of President and others of its holders and members of the sangh were given with the name of the Plaintiff.
The suit prayed for a declaration that the 1974 decree accepting the compromise deed should be held to be not binding of Shri Krishna Virajman.