Founder's intention and public right of worship determine whether a temple is a private family endowment or public religious trust.

A Hindu religious endowment is characterised primarily by the founder's intention, the identity of the beneficiaries, the pattern of control and management, and whether the public has an enforceable right of worship. Where deeds show installation of a family deity, dedication for the founder's family and descendants, management by family-appointed shebaits or marfatdars, and no contemplated public contribution, the endowment remains private. Mere public access, the size of the temple, or occasional worship does not by itself convert a private family deity into a public religious endowment.

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Issues: Whether the temple and deity constituted a public endowment governed by the Orissa Religious Endowment Act, 1939, or a private family deity and private endowment outside its scope.

Analysis: The decisive inquiry was the founder's intention as disclosed by the documentary record, the nature of the beneficiaries, the control and management of the temple, and whether the public enjoyed a right of worship. The recitals in the deeds showed that the deity was installed as a family deity, that the properties were endowed for the Pani family and its descendants, that management remained with family-appointed shebaits and marfatdars, and that no contribution from the public was contemplated. The evidence also did not show that members of the public had any enforceable right to worship. Mere public access, the size of the temple, or occasional worship was insufficient to convert a private family endowment into a public one.

Conclusion: The temple was held to be a private family endowment and not a public endowment; the High Court's contrary view was set aside and the trial court's decree in favour of the appellants was restored.

Ratio Decidendi: The character of a Hindu religious endowment depends primarily on the founder's intention, the nature of the beneficiaries, the retention of control by the family, and whether the public has a right to worship as distinguished from a mere permissive access.

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