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Report No. 17

52. Sections 37 to 41.- No change.

53. Section 42.-

The expression "any trustees or trustee" occurring in the beginning of the section has given rise to some difficulties in interpreting the section. What is meant by the expression is, as pointed out in Nethiri Menon v. Gopalan Nair, 39 Mad 597 (601), that when there is only one trustee, that trustee, and when there is more than one trustee all the trustees, must concur in giving receipt in order to give a valid discharge to the person paying the amount. Section 14 of the (English) Trustee Act, 1925, which corresponds to section 42, merely says 'trustee'. No doubt, the singular includes the plural, but that again may give rise to a difficulty in interpretation. Hence it is better to modify the language of the section to make the intention clear.

Trusts Act, 1882 Back

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