Religious trust character turns on complete dedication, outsider supervision, and public worship rather than private family control.

A complete and absolute dedication of temple properties to the deity divests the founders of title and leaves only the family right to act as shebait or manager. Where the deeds place the temple and trust properties under the supervision of outside panches, with power to scrutinise accounts and remove an unsuitable shebait, and where the temple is used by the public for worship, the arrangement shows public interest in the trust and its management. On that footing, the temple and its properties fall within the statutory description of a religious trust rather than a private endowment.

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Issues: Whether the temple and the properties dedicated to it constituted a religious trust within Section 2 of the Bihar Hindu Religious Trusts Act or a private endowment.

Analysis: The dedication made by the founders was complete and absolute, divesting them of all title and interest in the properties in favour of the deity. The only surviving family right was to act as shebait or manager. The deeds also placed the temple and trust properties under the superintendence of outside panches, with power to examine accounts and remove an unsuitable shebait. That control by outsiders, together with the associated public user of the temple and worship, showed that members of the public were interested in the trust and in its management. The arrangement therefore answered the statutory description of a religious trust under Section 2 of the Act.

Conclusion: The temple was a religious trust and not a private endowment; the finding of the High Court was reversed and the decree of the Subordinate Judge was restored.

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