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3501 the subject, the circumstances, the period when it is written, the motive or objective, if any, and such other similar factors. We know that most of the books written by renowned and esteemed persons enjoin a very high reputation amongst the historians and therefore, what they have written, may not easily be ignored. However, we also can not ignore the fact that while writing a history book the author sometimes is influenced by the institution or body who has employed him, some times though free lancer, but has expressed his views and findings according to his own appreciation without having occasion of cross-check by other experts and some times the purpose of the writing may have domination over independent objective and fair assessment and instead of simply placing on record the events of history straight, he mould facts giving a totally different shade and colour. A Court of law, when comes across such documents which are placed for adjudication of an event or disputed fact of historicity, has to proceed with extreme caution and careful manner. It cannot just treat the views expressed by the historians as a gospel truth. We have noticed and shall demonstrate what was said two centuries back, was widely corrected with the passage of time and in modern times, a considerable number of persons have come forward with well documented and discussed version canvassing a totally different view which also cannot be brushed aside easily but worth consideration. Obviously, the historians, past and present, are not eye witnesses of the historical events, but by sheer dent of diligence and intelligensia, they have analysed past events in the light of material available to them to explain historical events and have tried to apprise the people thereof. But, when in a 3502 Court of law, the things are discussed threadbare with logic, rationality and positive material, the position many a times turns wholly different. Besides, a huge religious, cultural literature has been placed suggesting that there is a cemented faith and belief of the community in respect to certain facts about their existence. Such faith and belief may not be tested by a Court of law being beyond the scope judicial review. It is suggested that such faith which is borne out from such ancient literature should be accepted on its face without any tinkering and the matter deserves to be decided accordingly. In a battle simply that of religious historicity, this Court has all odds to ponder over such a controversy. Moreover, considering sensitivity of the matter, the issues have to be analyzed delicately like a surgeon's hand, so as to reach a just decision which may cause harmony amongst the two major communities virtually covering the entire country. It would not be only in the interest of the litigating parties but also necessary for national integration, peace and tranquillity. 3512. In this case the learned counsels who have referred to various books including that of a very large number of history etc., assisting us to make threadbare scrutiny of the matter and reach a just and correct decision. (A) Existence of Temple & Demolition : 3513. The questions are whether there existed a temple before the alleged construction of disputed building which was demolished and thereafter the building in dispute was constructed. Here issues no. 1(b) (Suit 4) and 14 (Suit 5) need be answered. “Whether the building had been constructed on the 3503 site of an alleged Hindu temple after demolishing the same as alleged by defendant no.13 ? If so, its effect ?” “Whether the disputed structure claimed to be Babri Masjid was erected after demolishing Janma-Sthan temple at its site ?” 3514. The oldest document after the construction of the disputed structure wherein existence of a temple (building of Lord Rama) and its demolition has been mentioned is Tieffenthaler's "Description : Historique Et Geographique : Del'Inde" (supra) from Pages 252 to 256, Exhibit 133 (Suit-5) (Register 21, page 273-289).The relevant extract of the Tieffenthaler's work is reproduced as under: (Page 252) "Parmi les villes de cette province, Avad (ou Oude) & Lacnav font deux de principales & des plus anciennes, & meritent une mention particuliere. Avad, appelee Adjudea, par les Indous lettres, eft une ville de la plus haute antiquite. Ses maifons ne font (pour la plupart) que de limon, couvertes de paille, ou de tuiles; plufieurs (cependant) font de brique. Le rue principale va du Sud au Nord, & a un mille environ de longueur. La largeur (de la ville) eft un peu moins grande. Sa partie occidentale eft affife fur une colline de terre, ainfi que celle du Nord. Celle du Nord-eft repofe fur des eminences. Vers Bangla elle eft unie. Aujourdhui cette ville n'eft gueres peuplee, depuis la fondation de Bangla ou Fifabad, ville nouvelle ou le Gouverneur a etabli fa refidence, & ou uu tres grand nombre (d'habitans d'Oude) fe font transplantes. Sur la rive Sud (du Deva) fe trouvent divers 3504 batimens conftruits par les gentils, en memoire de Ram, qui fe prolongent du Laevant au Coucham (a)." English Translation: "Of all the cities of this region, Avad (or Oude) and Lacnav are the two of the major and very ancient cities which are worth mentioning. Avad called as Adjudea, by the educated Hindus, is a city of very olden times its houses are (mostly) made up of mud only; covered with straw or tiles. Many (However), are made of bricks. The main street goes from South to North and it has a length of about a mile. The width (of the city) is a little lesser. Its western side and that of North as well, are situated on a mud hill. That of north-east is situated on knolls. Towards Bangla it is united. Today, this city has been hardly populated, since the foundation of Bangla or Fesabad – a new city where the Governor established his residence – and in which a great number (of inhabitants of Oude) settled in. On the South bank (of Deva) are found various buildings constructed by the nobles in memory of Ram, extending from East to West (a)" (Page 253) "Le lieu le plus remarquable eft celui que l'on nomme Sorgadoari, c'eft k dire: le temple celefte. Car ils difent que ram a enleve de la au cicl tous les habitans de la ville: Ce qui a quelque reffemblance avec l'afcenfion du Seigneur. La ville alore deferte fut repeuplce & rendue a fon premier ctat par Bikarmadjit, ce fameux Roi d'Oudjen. Il y avoit eci un temple conftruit fur le bord eleve du fleuve; mais Aurengzebe, toujours attentif a propager la 3505 fecte de Mahomet & ayant enhorreurles gentils, le fit demolir & remplacer par une mosquee accompagnee de deux obelisques, afin d'abolir jusqu'au fouvenir de la fuperftition Indoue. Une autre mofquee batie par les Maures eft contigue a celle – la vers le Levant." English Translation" "The most remarkable place is the one which is called Sorgadaori, which means : the celestial temple. Because they say that Ram took away all the inhabitants of the city from there to heaven : This has some resemblance/similarity to the Ascent of the Lord. The city, thus deserted, was repopulated and was brought back to its earlier status by Bikarmadjit - the famous king of Oude (OUDH). There was temple in this place constructed on elevated bank of the river. But Aurengzebe, always keen to propagate the creed of Mohammed and abhorring the noble people, got it demolished and replaced with a mosque and two obelisks, with a view to obliterate even the very memory of the Hindu superstition. Another mosque built by the Moors is adjacent to the one towards the East." (Page 253) "Mais un endroit fameux particulierement, eft celui qu'on appelle Sitha raffoi, c'eft a dire, la table de Sitha, femme de Ram. Ce lieu eft attenant a la ville, au Midi, & fitue fur une eminence de terre. L'empereur Aurengzebe a fait demolir la fortereffe appelee ramcot, & a eleve au meme lieu un temple mahometan, a triple coupole. D'autres difent qu'il a etc conftruit par Babor. On y voit I 4 colonnes de pierre 3506 noire, hautes de 5 empans, qui occupoient l'emplacement de la fortereffe. Douze de ces colonnes portent maintenant les arcades intericures de la Mosquee: deux (de ces I 2) font placees a la porte du cloitre. Les deux autres font partie du tombeau d'un certain Maure. On raconte que ces colonnes, ou plutot ces debris de colonnes artiftement travaillees ont etc apportees de l'ile de Lanca ou Selendip [appelee Ceylan par les Europeens] par Hanumann, Roi des Singes." "But a place especially famous is the one called Sitha Rassoi i.e. the table of Sita, wife of Ram, adjoining to the city in the South, and is situated on a mud hill. Emperor Aurengzebe got the fortress called Ramcot demolished and got a Muslim temple, with triple domes, constructed at the same place. Others say that is was constructed by 'Babor'. Fourteen black stone pillars of 5 span high, which had existed at the site of the fortress, are seen there. Twelve of these pillars now support the interior arcades of the mosque. Two (of these 12) are placed at the entrance of the cloister. The two others are part of the tomb of some 'Moor'. It is narrated that these pillars, or rather this debris of the pillars skillfully made, were brought from the island of Lanca or Selendip (called Ceylan by the Europeans) by Hanuman, King of Monkeys." (Page 253-254) "On voit fur la gauche une caiffe carree elevee a 5 pouces deterre, revetue de chaux, longue d'environ 5 aunes large tout au plus de 4.