Shri Ram Lalla gets title right over disputed land in Ayodhya
New Delhi, Nov 09: The Supreme Court today held that Shri Ram Lalla is a juristic entry. The court made this observation while delivering the Ayodhya Verdict in which it ordered that the disputed land be given to the Hindus while alternate land of 5 acres be granted to the Muslim side.
Shri Ram Lalla is a juristic entry, but Shri Ram Janmasthan is not the Supreme Court ruled.
During the hearing arguments were advanced by the counsel for Ram Lalla in length.
C
S
Vaidyanathan
appeared
for
Ram
Lalla,
the
deity,
who
in
this
case
is
a
juristic
person.
This
is
a
very
interesting
aspect
of
the
Indian
law,
which
states
that
a
deity
of
a
temple
is
a
juristic
person.
This
question
had
cropped
up
when
the
Allahabad
High
Court
was
hearing
the
Ayodhya
case.
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The
issue
regarding
the
rights
of
a
deity
has
been
addressed
by
the
Supreme
Court
in
the
past.
In
Indian
jurisprudence,
a
deity
can
be
represented
through
the
trustees,
since
most
of
the
property
concerning
a
religious
place
is
always
managed
by
the
trust.
This
indicates
that
the
title
deed
is
in
the
name
of
the
deity
and
hence
it
can
be
a
party
to
a
suit.
In the Ayodhya case, Ram Lalla is being represented by a guardian since the deity is a minor.
The law says they are beings, real or imaginary, to whom the law attributes a personality by way of fiction when there is none in fact. A legal personality is an artificial creation of the law. According to the Supreme Court, 'A legal person is any entity other than human beings to which the law attributes a personality'. The words 'juristic person' connote the recognition of an entity to be a person in law which otherwise it is not. In other words, 'it is not a natural person but an artificially created person which is to be recognised in law as such'.
History, archaeology, religion, law: How the SC came to a conclusion on Ayodhya title suit
Juristic, legal or artificial person is any subject matter to which the law attributes a personality. It is a legal creation under a general law like the Companies Act, a specific enactment, or by a decision of the court. A legal person is a holder of rights and duties, can own and dispose of property, can receive gifts, and it can sue and be sued in its name.
Idols have been recognised to be juristic persons in Hindu law, which personifies the deity as a legal person. A Hindu idol is recognised by courts as a juristic entity having a judicial status, and its interests are attended to by a person who is in charge of the deity and who under the law is its guardian or manager.
The property in question belongs to the idol as a juristic person and the possession and management of the same are vested with the guardian or the manager.
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In one case, the Nagpur Bench of the Bombay High Court had ruled that from the spiritual point of view, an idol is the embodiment of the supreme being. So far as the deity or idol stands as the representative and symbol of a particular purpose indicated by the donor, it can figure as a legal person.