TMI Blog1922 (8) TMI 6X X X X Extracts X X X X X X X X Extracts X X X X ..... , an image of Kali. Temples were erected, those now in existence were consecrated in 1792 and 1801 and elaborate arrangements were made for the daily worship. Properties were also dedicated to secure the due performance of the worship, though this is not directly evidenced by a written document. But the execution of a document is not essential for the purpose of a valid dedication which may be inferred from application of proceeds and family conduct; Muddun Lal v. Komul Bibee 8 W.R. 42; Moonohar Ganesh Tambekar v. Lakhmiram Govindram 12 B. 247 : 12 Ind. Jur. 387 : 6 Ind. Dec. 650; Abhiram Goswami Mohant v. Shyama Charan Nandi 4 Ind. Cas. 449 : 36 I.A. 148 at p. 164 : 36 C. 1003 : 10 C.L.J. 284 : 6 A.L.J. 857 : 11 Bom. L.R. 1234 : 19 M.L.J. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cendants of the founders through their daughters, participated in the cooked rice bhog from generation to generation till the first defendant obstructed them on the 31st December 1914. The Courts below have concurrently found that the descendants of the founders in the male line have been the shebaits, and as their number increased they arranged amongst themselves to carry on the worship, as is common, by turns or palas. The Courts have further found that the descendants of the founders in the female line have 'al-ways participated in the bhog after it has been duly offered to the idols. From the long continuance of this arrangement, which has been in operation now for several generations, the Courts have come to the conclusion that thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e corporation, in so far as it is charitable, is the creature of the founder. On this view, Lord Hardwicke had ruled in Green v. Rutherforth (1750) 1 Ves. Sen 462 at pp. 468, 472 : 27 E.R. 1144 that the founder may provide for the Government and administration of his creature and the application in perpetuity of the revenue; see also Philips v. Bury (1694) 1 Ld. Raym 5 : Comb. 268 : Holt 715 : 4 Mod. 106 : Skin 447 : Carth 180 : 1 Shower 360 : 2 T.R. 346 : 91 E.R. 900 which was ultimately decided by the House of Lords Philips v. Bury (1694) Sho 35 : 15 Ld. Jo. 441 : 1 Burn. E.L. 442 : 2 T.R. 346 : 4 Mod. 106 : Skin 447 : 1 E.R. 24 and contains an elaborate review of the rights of founders of charitable and religious trusts. This is subject ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or its management, which is not inconsistent with its character as a religious and charitable trust. No doubt, as held in Juggut Mohini Dossee v. Sokheemoney Dossee 14 M.I.A 289 : 17 W.R. 41 : 10 B.L.R. 19 : 2 Suth. P.C.J. 512 : 2 Sar. P.C.J. 23 :20 E.R. 795 the grant once made cannot be re-samad and is irrevocable; but so long as the foundation continues, the shebait is, on the one hand, bound to carry out all legitimate directions given by the founder at the time of the establishment, and is, on the other hand, free to manage the trust without interference by him or his representatives: Teertdruppa v. Soonderajien (1851) Mad. S.D.A. 57. The test in each case is, whether the direction given by the founder is inconsistent with the nature of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sentient being and an offering or dedication to a deity. Subject to special usages to the contrary, the offerings do not become the property of the officiating priest, but contribute to the maintenance of the shrine with all its rights, ceremonies and charities: Girijanund Datta Jha v. Sailajanund Datta Jha 23 C. 645 : 12 Ind. Dec. 429; Maharanee Shibessouree Debia v. Mothooranath Acharjo 13 M.I.A. 270 : 13 W.R.P.C. 18 : 2 Suth P.C.J. 300 : 2 Sar. P.C.J. 528 : 20 E.R. 552; Chotalal Lakhmiram v. Manohar Ganesh 24 B. 50: 2 Bom. L.R. 516 : 4 C.W.N. 23 261. A. 199, 199 : 7 Sar. P.C.J. 559 : 2 Ind. Dec. 570 ; Ram Parkash Das v. Anand Das 33 Ind. Cas. 583 : 43 I.A. 73 : 43 C. 707 : 20 C.W.N. 802 : 14 A.L.J. 621 : (1916) 1 M.W.N. 406 : 31 M.L.J. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he endowment. The pecuniary value of the bhog may be and in the present case is insignificant from a secular point of view. But to the pious Hindu, the worth of prasad or consecrated food, which has been dedicated to the deity, cannot be measured in money; and the right to participate in its distribution would obviously possess special importance in the eyes of the descendants of the founder. Our conclusion is, that it was competent to the founder, not only to prescribe the line of succession to the shebaitship in the descendants of his sons, but also to direct that the descendants of his daughters would be entitled to participate in the bhog offerings dedicated to the idols established by him. 4. The result is, that the decree made by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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