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    <title>1961 (10) TMI 84 - Supreme Court</title>
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    <description>A beneficiary may seek removal of a trustee, appointment of a fresh administrator and delivery of trust property, because the remedies under the Indian Trusts Act, 1882 are not exhaustive and such relief is not confined to a bare declaration. A prior suit by different parties did not attract res judicata under Section 11 CPC. Under the trust deed and Section 48 of the Indian Trusts Act, all trustees had to join in alienating trust property, so sale deeds executed by only two trustees were ineffective. The text also treats a purchaser who repeatedly intermeddled with trust administration as a trustee de son tort, making the connected alienations vulnerable. Correction of the decree and adjustment of profits and interest were treated as permissible equitable modifications.</description>
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    <pubDate>Thu, 26 Oct 1961 00:00:00 +0530</pubDate>
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      <title>1961 (10) TMI 84 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=187157</link>
      <description>A beneficiary may seek removal of a trustee, appointment of a fresh administrator and delivery of trust property, because the remedies under the Indian Trusts Act, 1882 are not exhaustive and such relief is not confined to a bare declaration. A prior suit by different parties did not attract res judicata under Section 11 CPC. Under the trust deed and Section 48 of the Indian Trusts Act, all trustees had to join in alienating trust property, so sale deeds executed by only two trustees were ineffective. The text also treats a purchaser who repeatedly intermeddled with trust administration as a trustee de son tort, making the connected alienations vulnerable. Correction of the decree and adjustment of profits and interest were treated as permissible equitable modifications.</description>
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      <pubDate>Thu, 26 Oct 1961 00:00:00 +0530</pubDate>
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