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(a) for the performance of pujas in the temple, or (b) for the performance of certain
festivals in the temple, or (c) for the performance of Archanas to the deity in the
name of the donor. In this context, it is worthwhile to refer to the following
judgments:
(i) Menakuru Dasaratharami Reddi v. Duddukuru Subba Rao [1957 AIR 797
: 1957 SCR 1122]
“......Now it is clear that dedication of a property to religious or charitable
purposes may be either complete or partial. If the dedication is complete, a trust in
favour of 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 to, and
follows, the property which retains its original private and secular character. Whether
or not 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 cases 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. The use of the word "trust" or "trustee" is no doubt of some
help in determining such intention; but the mere use of such words cannot be treated
as decisive of the matter. Is the private title over the property intended to be
completely extinguished ? Is the title in regard to the property intended to be
completely transferred to the charity ? The answer to these questions can be found not
by concentrating on the significance of the use of the word "trustee" or "trust" alone
but by gathering the true intent of the document considered as a whole. In some
cases where documents purport to dedicate property in favour of public charity,
provision is made for the maintenance of the worshipper who may be a member of the
family of the original owner of the property himself and in such cases the question
https://www.mhc.tn.gov.in/judis
often arises whether the provision for the maintenance of the manager or the
worshipper from the income of the property indicates an intention that the property
should retain its original character and should merely be burdened with an obligation
in favour of the charity. If the income of the property is substantially intended to be
used for the purpose of the charity and only an insignificant and minor portion of it is
allowed to be used for the maintenance of the worshipper or the manager, it may be
possible to take the view that dedication is complete. If, on the other hand, for the
maintenance of public charity a minor portion of the income is expected or required to
be used and a substantial surplus is left in the hands of the manager or worshipper for
his own private purposes, it would be difficult to accept the theory of complete
dedication. It is naturally difficult to lay down a general rule for the solution of the
problem. Each case must be considered on its facts and the intention of the parties
must be determined on reading the document as a whole...”
(ii) NIRMALA BALA GHOSE V. BALAI CHAND GHOSE [AIR 1965 SC 1874]
“19. It is inexpedient to construe the terms of one deed by reference to the
terms of another, or to lay down general rules applicable to the construction of
settlements varying in terms. In construing a deed, the Court has to as- certain the
intention of the settlor, and for that purpose to take into consideration all the terms
thereof. If, on a review of all the terms, it appears that after endowing property in
favour of a religious institution or a deity, the surplus is either expressly or by
implication retained with the settlor or given to his heirs, a partial dedication may
readily be inferred, apparently comprehensive words of the disposition in favour of the
religious endowment notwithstanding.”
(iv) The Idol Of Sri Ranganathaswamy v. Gopaldas Dwarakadoss
[MANU/TN/4205/2019]
"26. With regard to the submission made by the learned Additional Advocate
General appearing for the appellant that the property(ies) was/were specifically
endowed to the appellant-Idol, it is replied by the learned counsel appearing for the
third respondent-auction purchaser, by relying on a decision of a Division Bench of this
Court reported in the case of S.Kandasami Iyer and another Vs. Sivachidambaram
Chettiar and another, reported in 1922 (xvi) L.W 341, contended that the “Kattalai” in
a Hindu temple itself is an independent religious Trust and such a “Kattalai” is not
subject to control by the Temple Committee. According to the learned counsel
appearing for the third respondent, mere existence of a “Kattalai” without “specific
endowment” or “dedication” of a property(ies), will not entitle the Hindu Religious and
Charitable Endowments Department to claim a right over such property(ies), as they
are not Temple property(ies). In this case, there was no “Kattalai” or “specific
endowment” in respect of the property(ies) sold to the third respondent, to the
appellant-Idol and therefore, Hindu Religious and Charitable Endowments Department
has no jurisdiction to assert a right over the property(ies) in question. In this context,
https://www.mhc.tn.gov.in/judis
the learned counsel appearing for the third respondent relied on a decision of the
Honourable Supreme Court in the case of Menakuru Dasaratharami Reddi Vs.
Duddukuru Subba Rao reported in AIR 1957 SC 797, wherein it was held in para No.5
that “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 to, and follows, the property which retains
its original private and secular character.” Thus, “religious charity” is commonly called
as “Kattalai” in Hindu Temples and such “Kattalai” must be clear and certain and must
show that a particular property(ies) is exclusively set apart or dedicated for the
purpose of charitable activities to the Deity or the Temple in tune with the definition of
“specific endowment” given in Section 6(19) of the Tamil Nadu Hindu Religious and
Charitable Endowments Act. In the absence of any proof to show the nature of
“Kattalai”, for performance of which, the subject matter of the property(ies) had been
specifically endowed, the claim of the appellant cannot be sustained."