CS Professional · CSR and Social Governance · Societies and Trusts
Anand holds a plot of land in circumstances where the Act treats him as an obligor, so he holds it for the benefit of Bhavna as if he were a trustee. Anand rightfully cultivates the plot himself for two seasons. What can Anand claim?
Anand can claim reasonable remuneration for his trouble, skill and loss of time. The Act says an obligor who rightfully cultivates the property, or uses it in trade or business, is entitled to such remuneration, though he otherwise holds like a trustee.
- ANothing, because a person holding as a trustee is never entitled to remuneration.
- BReasonable remuneration for his trouble, skill and loss of time in the cultivation.Correct
- CThe entire produce, because he did the cultivation himself.
- DA fixed share of one-half of the produce by operation of law.
Explanation
Under the proviso to Section 95, an obligor who rightfully cultivates the property or employs it in trade or business is entitled to reasonable remuneration for his trouble, skill and loss of time. The Act does not give him the whole produce or a fixed share, so those options are wrong. The first option ignores the proviso.
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