Judgment

SHAH, J. : Under a deed of trust, dated June 26, 1941, one Rambhai Patel settled under a deed subject to certain terms and conditions 80 shares of the Central Cottons Trading Company (Uganda) Ltd., for the advancement and maintenance of his son Manubhai, and an equal number of shares for the benefit of his son Mahendra. Manubhai died on June 7, 1954, when he was a minor and unmarried. The Deputy Controller of Estate Duty, by order, dated August 26, 1959, brought the interest of Manubhai in the settlement to tax in the hands of his brother Mahendra on the footing that it was vested in possession in Manubhai and was chargeable to estate duty under S. 5 of the Estate Duty Act 34 of 1953. The order of the Deputy Controller was confirmed in appeal to the Central Board of Revenue.

2. The Central Board of Revenue referred the following question to the High Court of Gujarat under S. 64 of the Estate Duty Act 34 of 1953:

"Whether on the facts and in the circumstances of the case, the inclusion, in the estate of the deceased, of the amount of Rs. 10,43,050 being the trust fund, was justified in law ?"

The High Court recorded an affirmative answer to that question. Against that order wit