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"9. ............Where there is a deed of dedication the question whether it creates an absolute or partial dedication must be settled by a concepectus of all the provisions of the deed. If the property is wholly dedicated to the worship of the idol and no beneficial interest is reserved to the settlor, his descendants or other persons, the dedication is complete: if by the deed what is intended to create is a charge in favour of the deity and the residue vests in the settlor, the dedication is partial.............

18. ..............If, on a review of all the terms, it appears that after endowing property in favour of a religious institution or a deity, the surplus is either expressly or by implication retained with the settlor or given to his heirs, a partial dedication may readily be inferred, apparently comprehensive words of the disposition in favour of the religious endowment notwithstanding."

(iii) A surplus may either by expressly or by implication and if it is retained with a settlor, a partial dedication may be inferred.

(iv) If a substantial surplus is left in the hands of the Manager for his own private purposes, it could be construed to be a partial dedication.

(v) If there are no words of disposal with reference to the balance, if any of the income from the properties, then the dedication is absolute and not partial.

18. In view of the judgment of the Hon'ble Supreme Court, it is clear that the "religious endowment" and "specific endowment" must be https://www.mhc.tn.gov.in/judis construed so as to include both absolute and partial dedication of property in the light of Section 38 of the HR&CE Act (Section 32(1) of the old Act). Therefore, both the contentions of the learned Senior Counsel that it is only a partial dedication and therefore, it cannot be construed to be a specific endowment would stand rejected.