section 59
B may institute a suit to have A removed and a new trustee appointed.
The Jammu and Kashmir Trusts Act, 1977Civil197784 of 85 sections available4 chapters
Chapter 2 Chapter 2
Statutory text
Right to compel any act of duty Right to compel any act of duty.-The beneficiary has a right that his trustee shall be compelled to perform any particular act of his duty as such, and restrained from committing any contemplated or probable breach of trust. Illustrations.
- (a) A contracts with B to pay him money when received in respect of certain land to C. B writes and signs a letter declaring that he will hold the money so to be paid. A fails to pay the money. C may compel B on a proper suit to file the suit as trustee in B's name.
- (b) A is trustee of certain land, with a power to sell the same and pay the proceeds to B and C equally. A is about to make an improvident sale of the land.
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