Public temple test: founder's intention and public worship showed a Hindu endowment was not private family property.

The character of a Hindu religious endowment depends on the founder's intention as shown by the dedication instrument and surrounding circumstances. Here, the will, the provision for management by persons beyond the family, the contemplated continuance after the founders' wives, and directions for future acquisitions in the deity's name indicated dedication to the public. Unobstructed worship by villagers, installation of the idol in a separate building, regular archaka-based worship, and consecration rites further supported public user. The court held that the Thakurdwara was a public temple and not a private family endowment, and the decrees of the courts below were set aside.

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Issues: Whether the Thakurdwara of Sri Radhakrishnaji at Bhadesia was a public temple or a private family endowment.

Analysis: The controlling question was the scope of the founder's dedication, to be gathered from the will, the manner of public user, the consecration ceremonies, and surrounding facts. A temple is public where the founder intended worship by the general body of worshippers, while a private endowment is confined to specified individuals or the family. The will showed an intention to endow the properties in the name of the deity, provided for management by persons not confined to the family, contemplated continuance after the founders' wives, and directed future acquisitions in the deity's name. The evidence also showed unobstructed worship by villagers, installation of the idol in a separate building, regular archaka-based worship, and consecration rites consistent with dedication of a temple.

Conclusion: The Thakurdwara was a public temple and not a private family endowment.

Final Conclusion: The decrees of the courts below were set aside and the plaintiff was granted the declaration sought.

Ratio Decidendi: The character of a Hindu religious endowment depends on the founder's intention as evidenced by the instrument of dedication and the surrounding circumstances, and a temple dedicated for worship by the general public is a public endowment.

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