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It may also be pointed out that the appellant maintained no separate accounts for these properties, and made no distinction between them and the other properties to which we have referred earlier. The respondent, proprietor of Ramnagar Estate, filed a suit against the appellant, proprietor of Ganeshpur Estate, for the recovery of certain properties. Both parties preferred appeals to the High Court. If they had proceeded in the usual way and given a full and fair opportunity to the workmen to place their case before the enquiring authority, the result may not have been so bard.
A trustee must not mix private property with trust property, because if he does so, he undertakes a heavy burden of proving that any particular property is his, as distinct from the trust. It cannot be decisive on the question of determinination the true scope and effect of item 5 of sch. Thereupon the cause titles on the suits were amended and in place of the appellant's name the 'Deputy Commissioner, Barabanki I/C Court of Wards Ganeshpur Estate' was substituted.
The next property which was specially mentioned for our consideration is the " Shree Theatre ", in which the appellant claims to hold a third share. A annexed to the plaint and three survey numbers of Belatgavan, Deolali and other jat inams. 108 854 dismissal the normal rule would be that the employees thus wrongfully dismissed must be reinstated. The practical difficulty which may arise in deciding individual claims for bonus in respect of particular banks is merely a circumstance to be taken into consideration.
He has not furnished satisfactory evidence, and in describing the source of money he referred to the sale of one property, the price whereof according to him was utilised for the Theatre. Court of Wards Act, and placed them in charge of the Deputy Commissioner of Barabanki. If that be so, then the evidence to connect the Theatre with Balaji Vihar ought to have been tendered and a plea to that effect taken. 290, which is a deed of purchase and Ex. No useful purpose will be served in examining in detail the evidence relating to these properties in the absence of the deity.
Here too, the High Court should not have expressed any opinion adverse to the deity, without the deity being a party. The same has to be said of items 3 to 10 in the first part of Sch. 691, the permission by the Municipality to build upon the land. It was necessary for the appellant to show that this Theatre-was built from monies derived from a private source and not from the income of the Devasthan. While the appeals were pending the Court of Wards took over the Estate of the respondent also and placed it also in charge of the Deputy Commissioner, Barabanki.
During the pendency of the suits the appellant was declared to be a person of unsound mind and the Court of Wards assumed superintendence of her properties under the U. " The hardship in question ", observed this Court, " has been brought about by the precipitate action of the appellants themselves who dismissed their workmen without holding the usual enquiries after framing a proper charge against them. From the evidence especially of the valuation reports, it appears that of the Amba Gate house 5,800 square feet of land were open and of the Chawl 12,000 square feet of land were open, Valuation of building land with structures by capitalising the rental may yield a reliable basis for ascertaining the value of the land together with the structures only if the land is developed to its full capacity by erection of structures.
The Trial Court partly decreed the respondent's -suit and dismissed the appellant's suit. To the same effect are the observations in Srinivasa Chariar v. We cannot accept the argument in lieu of plea and evidence, and we think that the appellant has neglected to bring the necessary evidence to reach a finding, This matter also suffers from the same defects, -namely, the failure to join the deity as a party and also not waking a distinction between one, 805 kind of property and another.
The cause titles of the appeals were then amended and for the name of the respondent, the name 'Deputy Commissioner, Barabanki I/C Court of Wards Ramnagar Estate' was substituted. It, however, appears from the record of the case that with that money Balaji Vihar was purchased, and the case made before us was that it was the sale proceeds of Balaji Vihar which were used to build the Theatre. The area of the land of the Amba Gate house is 9,037 square feet, the area of the land at Chawl is 23,805 square feet, and the area of land of Dhanraj Lane house is 817 square feet, There is no clear evidence on the record about the precise area of the lands covered by the structures, but it is conceded that the structures stood on an area less than one-half of the total area of the land.
The appellant filed a cross-suit against the respondent. Evalappa Mudaliar (1). Here also, the extracts from the property register have been filed, and the appellant has drawn our attention to Ex. See Lewin on Trusts, 16th Edn.