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18. It had been further stated that the Trust had not divested itself of the properties and that there was no dedication of the properties, either absolute or partial, to the Deity or to the plaintiff Temple. It was further stated that there was no intention to alienate the properties. However, it was admitted that the defendants 3 to 5 had purchased the properties from third parties and not from the defendants 1 and 2. It was contended that the Trust was not aware of the nature of those transactions or the rights and manner in which the transactions had been effected.

“14. I am unable to accept this argument as correct. In Hindu law a dedication of property may be either absolute or partial. — Iswari Bhubaneshwari v. Brojo Nath Dey [64 IA 203] . In the former case, the property is given out and out to an idol or to a religious or charitable institution and the donor divests himself of all beneficial interest in the property comprised in the endowment. Where the dedication is partial, a charge is created on the property or there is a trust to receive and apply a portion of the income for the religious or charitable purpose. In such a case, the property descends and is alienable and partible in the ordinary way, the only difference being that it passes with the charge upon it.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/01/2026 04:29:18 pm )  (Mayne's Hindu Law, Eleventh Edn., p. 923). In my opinion, the expression “religious endowment” as defined in Section 6(14) and “specific endowment” as defined in Section 6(16) of the Act must be construed so as to include both absolute and partial dedication of property. This view is supported by reference to Section 32(1) of the Act which states: