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24. Mr. Ganibhirwala then relied upon Ranchhoddas v. Mahalaxmi Vahuji , for the purpose of showing as to what principle should be applied for the purpose of determining as to whether a certain religious institution is in the nature of a public or private trust. In particular, Mr. Gambhirwala relied upon a passage in that decision which is as follows (p. 992) :--

...The decision of the question as to whether a temple is public or private would depend upon several considerations. There may be a clear case of a temple which has been built by devotees as a public temple, and properties dedicated by them to such a temple would clearly constitute a public charitable trust. A private temple may be dedicated to the public, but such a change must be established by clear evidence in that behalf. At a public temple, the devotees at large have a right of entry and a right of darshan of the deity. The devotees in such a temple offer gifts to the idol and these gifts, by their very nature, are gifts to the temple itself. Public festivals are held in which all the devotees have a right to participate. With regard to such public temples and idols, property, both movable and immovable, can be dedicated; no writing is necessary to evidence such dedication. It may be done even verbally. Dedication is often done by a gift viva voce, by a bequest, or by ceremonial relinquishment. Such a dedication can be absolute or partial. Where it is absolute, the property is given completely to the idol by the donor who has divested himself of all his rights in it. Where the dedication is partial, the donor has not divested himself completely of his title in the property, but a charge is created over the property for a specified portion of the income of the property to go towards the expenses of the idol and the temple. It is quite true that for dedication there must be clear, cogent and satisfactory evidence, if there is no writing executed for that purpose. The mere fact that a part of the income of the property is appropriated towards the expenses of the temple, may be for several years, would not necessarily prove even a partial dedication of the property to the charity. The historical origin of the temple, the manner in which the affairs of the temple have been managed, the nature and extent of the gifts received by the temple, the rights exercised by the devotees in regard to the worship in the temple, the consciousness of the manager and the consciousness of the devotees themselves-these and similar other considerations have to be weighed in deciding the question as to whether a temple is public or private...