Specific Relief Act 1950 · Updated to 1 Jan 2006 · Chapter I
10. Liability of person in possession not as owner, to deliver to person entitled to immediate possession
Feedback & supportAny person having the possession or control of a particular article of movable property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession, in any of the following cases:
when the thing claimed is held by the defendant as the agent or trustee of the claimant;
trustee
“trustee” includes every person holding, expressly, by implication or constructively, a fiduciary character. (a) Z bequeaths land to A, “not doubting that he will pay thereout an annuity of RM1,000 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 the 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 the disclosure. (d) A, one of several partners, is employed to purchase goods 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.
A, proceeding to Europe, leaves his furniture in charge of B as his agent during his absence. B, without A’s authority, pledges the furniture to C, and
C, knowing that B had no right to pledge the furniture, advertises it for sale.
C may be compelled to deliver the furniture to A, for he holds it as A’s trustee.
when compensation in money would not afford the claimant adequate relief for the loss of the thing claimed;
Z has got possession of an idol belonging to A’s family, and of which A is the proper custodian. Z may be compelled to deliver the idol to A.
when it would be extremely difficult to ascertain the actual damage caused by its loss; and
A is entitled to a picture by a dead painter and a pair of rare China vases.
B has possession of them. The articles are of to special a character to bear an ascertainable market-value. B may be compelled to deliver them to A.
when the possession of the thing claimed has been wrongfully transferred from the claimant.
12