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Showing contexts for: partial dedication in Ram Sewak vs Laxmi Narain on 20 September, 2018Matching Fragments
"For the purpose of creating an endowment, what is necessary is a clear and unequivocal manifestation of intention to create a trust and vesting thereof in the donor and another as trustees. Subject of endowment, however, must be certain. Dedication of property either may be complete or partial. When such dedication is complete, a public trust is created in contra-distinction to a partial dedication which would only create a charity. Although the dedication to charity need not necessarily be by instrument or grant. there must exist cogent and satisfactory evidence of conduct of the parties and user of the property, which show the extinction of the private secular character of the property and its complete dedication to charity."
19. Court further said that a dedication for public purposes and for the benefit of general public would involve complete cessation of ownership on the part of the founder and vesting of the property for the religious object. Dedication may either be complete or partial. A right of easement in favour of a community or a part of the community would not constitute such dedication where the owner retained the property for himself. It may be that right of the owner of the property is qualified by public right of user but such right is not wholly unrestricted. Apart from the fact that the public in general and or any particular community did not have any right of participation in the management of the property nor the maintenance thereof any contribution was made is a matter of much significance. A dedication, it may bear repetition to state, would mean complete relinquishment of his right of ownership and proprietary. When complete control is retained by the owner - be it be appointment of a Chowkidar: appropriation of rents, maintenance thereof from his personal funds -- dedication cannot be said to be complete.