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Showing contexts for: partial dedication in Kamalnarayan Ramsaranlal vs Ram Kishorelal And Anr. on 5 December, 1957Matching Fragments
No doubt, Telibandha was reserved for the services of the temple, as the last clause indicates, but that would be the case if it was intended that the expenses of the temple should be a charge upon that village. In our opinion, the document does not show more than a partial dedication in the sense in which Mukherjea in his valuable book has distinguished that kind of dedication from an absolute dedication. The rulings on which Shri P. R. Das relied also support the same proposition.
28. Perhaps the counsel for the appellant did not cite 54 Ind App 136: (AIR 1927 PC 80) (K), to which we have referred, because in that case there was a mention that the income from the mortgaged property was more than was required to maintain the charity in that case, while in the present case the income of Telibandha was at one time insufficient and the whole of it was used for the purpose of the temple along with other money belonging to Ramsaranlal and the family. In our opinion, this is not the decisive factor in the circumstances of this case. What one has to see is whether the dedication, if any, is of the entirety of the income from some parcel of property. It is trite that when all the rents and profits of immovable property are assigned to a particular person, the property itself is taken to be so assigned.