The Calcutta Weekly Notes. Monday April 13 1914

Give the trustee an estate and we have two separate estates the one vested in the trustee and the other in the cestui que trust or the beneficary. [...] In the course of a suit for partition the Defendants applied for a temporary injunction regarding the custody of the property in suit and the Court directed that until the determination of the suit the Plaintiffs shall have the control and management of a portion of the property in suit and the Defendants of another portion. [...] Held—That the property was ancestral land within the definition given in the general rules for the Civil Courts and could only be sold by the Collector after transfer of the execution of the decree to his Court under sec. [...] I. The value to be paid for is the value to the owner as it existed at the date of the taking not the value to the taker. [...] " Where therefore the element of value over and above the bare value of the ground itself (commonly spoken of as the agricultural value) consists in adaptability for a certain undertaking (though adaptability as pointed out by Lord Justice Moulton in the case cited is really rather an unfortunate expression) the value is not a proportional part of the assumed value of the whole undertaking bu