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34. In their defence, D.W.1 has stated that the amount was lent to others on promissory notes and the interest was utilised for performing the objects of the Trust. Absolutely there is no evidence to show to whom the amounts were lent and how much was the interest income derived. There was also no entry in Ex.B.77  Ledger as to the persons to whom the amount was lent. As stated by P.W.1, the Trust has the accounts only in Salem Central Cooperative Bank, Rasipuram. The 1st Defendant has opened a new account in Namakkal Lakshmi Vilas Bank and deposited the amount in the Namakkal Lakshmi Vilas Bank and not in the account of the Trust, which is in the Salem Central Cooperative Bank, Rasipuram.

50. Lease in favour of Defendant No.6  Rasipuram Educational Trust in respect of 29 cents in suit property  Item No.1 in S.No.286 of Rasipuram. - Excluding the extent measuring 2.10 acres acquired for the Telephone Department and 5 cents let out to Periyasamy, remaining 29 cents was let out to the 6th Defendant  Rasipuram Educational Trust, who has constructed a school building and has been running the school. According to the Plaintiffs, 6th Defendant has not even paid the ground rent for using the Trust land and hence seeks direction for evicting the 6th Defendant and to hand over possession. As discussed earlier, Defendants 1, 3 and 4 have not obtained permission or opinion of the Court for leasing 29 cents in S.No.286 for a long term or to give the property to the 6th Defendant for running the school.

51. According to the 6th Defendant, by a resolution dated 13.5.1979, permission was granted to give the land measuring about 1.34 acres to the Rasipuram Vidya Mandir School Committee and that on 25.5.1979, school was started by receiving donations from the public. Further case of Defendant No.6 is, people of Pilla Muzhangi community convened a meeting and handed over 1.34 acres of land by virtue of an agreement and at that time, the name of Sri Vidya Mandir Educational Trust was changed as Rasipuram Educational Trust. Ex.B.51 is the letter written by six members of Pilla Muzhangi community agreeing for starting Rasipuram Educational Trust. Ex.B.52 is the copy of the petition sent by Ramachandra Chettiar, the then President of Pilla Muzhangi community Trust to Sub-Collector, Namakkal stating that Sri Vidya Mandir School has been functioning in the Trust property  S.No.286/2 and that the said land was gifted to Rasipuram Sri Vidya Mandir Educational Trust. Ex.B.58 is the certificate issued by Rasipuram Municipality, which is to the effect that from the year 1982-83 the levy of house tax was changed in the name of Sri Vidya Mandir Higher Secondary School. Ex.B.59 is the proceedings of the Director of School Education dated 5.7.1984 granting permission to open a new Matriculation School at Rasipuram in the name of Sri Vidya Mandir Matriculation School with Standards VI to VIII under the management of Rasipuram Sri Vidya Mandir Association during 1984-85. Exs.B.60 to B.68 are the letters sent by Ramachandra Chettiar, the then President of Pilla Muzhangi community Trust seeking benefit of exemption of fee to the students of Pilla Muzhangi community, who are seeking admission in the school. Learned counsel for the Appellant contended that even though the land of 29 cents was donated to the 6th Defendant, the then Sri Vidya Mandir Trust, the 6th Defendant was admitting the students of Pilla Muzhangi community by exempting them from paying fees and therefore running of the School in an extent of 29 cents in S.No.286 is to be construed for the benefit of Pilla Muzhangi community. It was further contended that by so exempting the students from paying the fees the 6th Defendant was only rendering service to Pilla Muzhangi community, which is in furtherance of the objects of the Trust. The learned counsel would also submit that out of the School Committee members, six members are from Pilla Muzhangi community and only 5 members are from other communities and therefore viewed from any angle, the 6th Defendant  School has been functioning only for the benefit of Pilla Muzhangi community people.

52. Even though Ramachandra Chettiar, the then President of Pilla Muzhangi community Trust has written Exs.B.60 to B.68 seeking benefit of exemption of fees, no document was produced to show that fee exemption was granted to the students of Pilla Muzhangi community. It is also not known how many students of Pilla Muzhangi community were admitted to the School and how best the interest of the community was served by the 6th Defendant.

53. Even though Rasipuram Educational Trust was started with 11 trustees, out of which six members are from Pilla Muzhangi community, it is seen from Ex.B.54 that six trustees of Pilla Muzhangi community from the 6th Defendant  Educational Trust have resigned from the Rasipuram Educational Trust. When the six trustees of 6th Defendant have resigned, it cannot be said that the School is being run for the benefit of Pilla Muzhangi community and in furtherance of the object of the Trust.