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5. … 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 https://www.mhc.tn.gov.in/judis 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...” (Emphasis supplied)” The Hon’ble Supreme Court had categorically held that if the dedication is total and complete then Trust is created for the public religious charity. If the dedication is partial then only charge is created over the property. If only charge is created, then the property would retain the original character as “private property”. In the present case the property was under lease (as per the Lease Agreement dated 15.12.1945) even prior to the issuance of Settlement Patta (as per the Settlement Tahsildar Order dated 01.11.1967), which would prove the private nature of the property. In such circumstances, then the property in dispute https://www.mhc.tn.gov.in/judis is only charge over the property, the original character of private property is retained. Consequently the petitioner is entitled to deal with the property.