Specific Relief Act · 2012 Revised Edition · Chapter I
9. Recovery of specific movable property
Official textFrom Attorney General's Chambers, unchanged
A person entitled to the possession of specific movable property may recover the same in the manner prescribed by the law relating to civil procedure in force in Brunei Darussalam.
Explanation 1 — A trustee may sue under this section for the possession of property to the beneficial interest in which the person for whom he is trustee is entitled.
trustee
“trustee” includes every person holding, expressly, by implication or constructively, a fiduciary character. Illustrations (a) Z. bequeaths land to A., “not doubting that he will pay thereout an annuity of $1,000 to B. for his life.” A. accepts the bequest. A. is a trustee, within the meaning of this Act, for B., to the extent of the annuity. (b) A. is the legal, medical or spiritual adviser of B. By availing himself of his situation as such adviser, A. gains some pecuniary advantage which might otherwise have accrued to B. A. is a trustee for B., within the meaning of this Act, of such advantage. (c) A., being B.’s banker, discloses, for his own purpose, the state of B.’s account. A. is a trustee, within the meaning of this Act, for B., of the benefit gained by him by means of such disclosure. (d) A., one of several partners, is employed to purchase good for the firm. A., unknown to his co-partners, supplies them, at the market-price, with goods previously bought by himself when the price was lower, and thus makes a considerable profit. A. is a trustee, for his co-partners, within the meaning of this Act, of the profit so made. (e) A., the manager of B.’s indigo-factory, becomes agent for C., a vendor of indigo-seed, and receives, without B.’s assent, commission on the seed purchased from C. for the factory. A. is a trustee, within the meaning of this Act, for B., of the commission so received.
Explanation 2 — A special or temporary right to the present possession of property is sufficient to support a suit under this section.
Illustrations
A. pledges certain jewels to B. to secure a loan. B. disposes of them before he is entitled to do so. A., without having paid or tendered the amount of the loan, sues
B. for possession of the jewels. The suit should be dismissed, as A. is not entitled to their possession, whatever right he may have to secure their safe custody.
A. receives a letter addressed to him by B. B. gets back the letter without
A.’s consent. A. has such a property therein as entitled him to recover it from B.
A. deposits books and papers for safe custody with B. B. loses them and
C. finds them, but refuses to deliver them to B. when demanded. B. may recover them from C., subject to C.’s right if any, under section 121 of the Contracts Act (Chapter 106).
A., a warehouse-keeper, is charged with the delivery of certain goods to Z., which B. takes out of A.’s possession. A. may sue B. for the goods.
Terms defined in s 2
trustee
Defined · s 2“trustee” includes every person holding, expressly, by implication or constructively, a fiduciary character. Illustrations (a) Z. bequeaths land to A., “not doubting that he will pay thereout an annuity of $1,000 to B. for his life.” A. accepts the bequest. A. is a trustee, within the meaning of this Act, for B., to the extent of the annuity. (b) A. is the legal, medical or spiritual adviser of B. By availing himself of his situation as such adviser, A. gains some pecuniary advantage which might otherwise have accrued to B. A. is a trustee for B., within the meaning of this Act, of such advantage. (c) A., being B.’s banker, discloses, for his own purpose, the state of B.’s account. A. is a trustee, within the meaning of this Act, for B., of the benefit gained by him by means of such disclosure. (d) A., one of several partners, is employed to purchase good for the firm. A., unknown to his co-partners, supplies them, at the market-price, with goods previously bought by himself when the price was lower, and thus makes a considerable profit. A. is a trustee, for his co-partners, within the meaning of this Act, of the profit so made. (e) A., the manager of B.’s indigo-factory, becomes agent for C., a vendor of indigo-seed, and receives, without B.’s assent, commission on the seed purchased from C. for the factory. A. is a trustee, within the meaning of this Act, for B., of the commission so received.
Chapter II
Chapter III
Chapter IV
Chapter V
Chapter VI
Chapter VII
Chapter VIII
Part III