Indian Trusts Act,1882
Act No : 2
Section : Advantage gained by qualified owner
90. Advantage gained by qualified owner.-Where a tenant for life,co-owner, mortgagee or other qualified owner of any property, byavailing himself of his position as such, gains an advantage inderogation of the rights of the other persons interested in theproperty, or where any such owner, as representing all personsinterested in such property, gains any advantage, he must hold, forthe benefit of all persons so interested, the advantage so gained, butsubject to repayment by such persons of their due share of theexpenses properly incurred, and to an indemnity by the same personsagainst liabilities properly contracted, in gaining such advantage. Illustrations (a) A, the tenant for life of leasehold property, renews thelease in his own name and for his own benefit. A holds the renewedlease for the benefit of all those interested in the old lease. (b) A village belongs to a Hindu family. A, one of its members,pays nazrana to Government and thereby procures his name to be enteredas the inamdar of the village. A holds the village for the benefit ofhimself and the other members. (c) A mortgages land to B, who enters into possession. B allowsthe Government revenue to fall into arrear with a view to the landbeing put up for sale and his becoming himself the purchaser of it.The land is accordingly sold to B. Subject to the repayment of theamount due on the mortgage and of his expenses properly incurred asmortgagee, B holds the land for the benefit of A.
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