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Report No. 17

70. Sections 62 and 63 [section 62A (to be inserted)].-

In sections 62 and 63 it may be made clear that the beneficiary would be entitled to such other reliefs in respect of the property as he may be entitled to under the law. This change is necessary in view of the decision in Chidambaranatha v. Nalaasiva, ILR 41 Mad 124 and Janakirama Ayyar v. Nilakanta Ayyar, ILR 1954 Mad 537 where the contention was raised that the beneficiary was entitled only to a declaration and not to any other relief. No doubt, the two learned judges who considered the contention negatived it. But, to avoid all future disputes regarding the language of the sections, it is necessary to clarify the sections. The discussion relating to the placing of section 65 may be seen.1

1. See para. 75, infra.

Trusts Act, 1882 Back

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