The President Of The Board Of ... vs Thadikonda Koteswara Rao And Ors. on 22 January, 1937
The next question for decision is as to what
portion of the income of the inam lands is to be
expended on the service to the deity. The courts below are
not in accord on this point. The trial court held that Rs.
200 out of the income should be adequate for the purpose
and the High Court applied Cy-Pres doctrine and held the
whole income to be for the deity even though it exceeded the
expenditure for the particular service. One of the facts
which emerges from the inam register is that when the grant
was made the specific charitable payments exhausted the
income of the property and it is a fair inference to draw
therefrom that the intention was to devote the whole income
to charity and any subsequent increase in the value of the
property accrues to the charity; Hindu Religious Endowments
v. Thadikonda Kotesuwararao (1); Tudor. on Charities (5 Ed.)
p. 164; Laws of England Vol. 4, para 624, p. 303. The High
Court was therefore justified in holding that the whole of
the income was to go to deity, thus varying the judgment of
the trial court that only a portion of it was to be so
employed.