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R.Viswanathan vs /

(ii). S.Govindasamy and others Vs. Gowthiya Sangam, Nagore reported in 2007 (5) CTC 136 “The Lower Appellate Court while considering the point as to whether the plaintiff society is a 'public trust' or a 'private trust', after considering the various provisions 8/29 http://www.judis.nic.in S.A.No.349 of 2020 & C.M.P.No.7029 of 2020 contained in Ex.A-3 bye-laws of the society and particularly the objects of the society and the provisions contained at page 25 of the bye-laws, has recorded a categorical finding that the society has not been formed by a particular member for the benefit of a particular section of the society and it is not functioning for the benefit of the particular section of society, whereas it has been formed for the benefit of the entire Muslim public. The Lower Appellate Court has also observed that simply because the plaintiff society has been incorporated under the Act 21 of 1960 it cannot be described as a private society. The real character of the plaintiff society has to be determined only with reference to the objects of the society.
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