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(d) If so, to what effect?

7. Is the suit bad for non-joinder of Hari Mohan Roy (Sole Shebait) as alleged in para. 1 of the written statement filed by the defendant No. 1?

8. To what relief, if any, are the plaintiffs entitled?

12. The defendant No. 2 Gostho Behari Roy has first of all taken the point through his counsel at the time of the argument that the deed of dedication D/- 9th June, 1935 is not a complete dedication but only a partial one. In the alternative he has submitted through his counsel, that even assuming there was a total dedication as his father Hari Mohan Roy did not divest himself of premises No. 16A, Nandan Road as such the said property should be kept outside the scope and purview of the deed of dedication. It is his case that although there was a direction under the deed of dedication for mutation of properties after the deed of dedication was made, such mutation has not been done in respect of premises No. 16A, Nandan Road and that is the pointer to show that it was the intention of the settlor to keep the said property outside the scope of the deed of dedication. He has also taken the point that Rash Behari Roy has no right to be appointed as the next of kin of the plaintiffs nor has he any right to institute or continue the suit on behalf of the plaintiff deities. Lastly, he has taken the point that as Hari Mohan has not been made a party to the suit as such this suit is bad for non-joinder of parties.

"In respect of a debutter in this country a founder or his heirs may invoke the assistance of a judicial Tribunal for the proper administration thereof on the allegation that the Trusts are not properly performed."

19. The second point for consideration arises, whether the dedication made by the deed of dedication dated 9th June, 1935 is an absolute or a partial one.

"Dedication of a property to a religious or charitable purpose may be either complete or partial. If the dedication is complete a Trust in favour of the public religious charity is created. If the dedication is partial a Trust in favour of the charity is not created but a charge in favour of the charity is attached and follows the property which retains its original, private and secular character. Whether or not a dedication is complete would naturally be a question of fact to be determined in each case in the light of the material terms used in the document. In such a case it is always a matter of ascertaining the true intention of the parties. It is obvious that such intention must be gathered on a fair and reasonable construction of the document considered as a whole." (AIR 1957 SC 797, Dasaratharami Reddi v. Subba Rao), "The golden rule of construction, it has been said, is to ascertain the true Intention of the parties to the instrument after considering all the terms in the ordinary natural sense. To ascertain this intention the Court has to consider the relevant portions of the document as a whole and also to take into account the circumstances under which the particular words, were used." , (Ram Kishorelal v. Kamal Narayan).

20. In a case of absolute dedication, the property is given out and out to an idol or to a religious or charitable institution and the donor completely divests himself of all the beneficial interest of the property but where the dedication is partial only 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 purposes. If there is an express endowment there is no difficulty in coming to the conclusion whether the endowment is absolute or partial. It is only where there is an implied endowment, the question of construing the same in the light of the intention of the settlor by construing various terms and conditions of the deed of dedication as a whole would arise and one will have to come to the conclusion after considering the same. Where the terms of dedication have been clearly and in an unambiguous language expressed the interpretation becomes easy and one does not have to search or go into all the facts and surrounding circumstances including the subsequent dealing of the property by the parties as also their conduct and mode of dealing with the said properties,

21. In this case the intrinsic evidence of the document is reinforced by the subsequent conduct of the parties. It would appear from the expressions used in the deed of dedication such as-- "I give absolutely all immovable properties to my deities" and "I stand completely divested myself of the rights in the property and my rights devolve in the said deities in my place and stead" that there was an absolute dedication and not a partial one. The settlor Hari Mohan Roy not only dedicated the entire properties to the plaintiff deities tout he has also made specific provisions in the deed itself that the entire income from the said property would be utilised solely for the deva seva and any surplus thereto would be spent for addition and/or improvement of the debutter properties.