The trust property consists of land, the trustee sells the land to a purchaser for a consideration without notice of the trust. Whether the trustee is liable? What are remedies available to the beneficiary ?

As per Section 23 of the Trust Act, 188, if a trustee commits a breach of the trust, he is liable to make good the loss which the trust property of the beneficiary has suffered. However, in two cases he is not liable for such a loss. (i) Where the breach of the trust has resulted due to any fraud committed by the beneficiary; and (ii) Where the beneficiary, being competent to contract, has given his consent for that breach without any coercion or undue influence or subsequently acquiesced therein, with full knowledge of the facts. In the present case, the trustee is liable at the option of the beneficiary. Further, the trustee is liable at the option of the beneficiary to purchase other land of equal value to be settled upon the like trust, or to be charged with the proceeds of the sale with interest.