Judgment

GROVER, J.: These appeals by certificate from a judgment of the Calcutta High Court involve a common but important question namely whether the right of an assessee to receive a specified share of the net income from an estate in respect of which Wakf-alal-aulad has been created is an asset assessable to Wealth Tax.

2. By a deed dated November 19, 1928 as modified by a deed of rectification dated July 5, 1930 one Golam Hossain Casim Ariff, a muslim, governed by the Hanafi School of the Mohammadan Law created a wakf in respect of his properties in Noormul Lohia Lane and Armenian Street in Calcutta. The settlor appointed himself as the sole Mutwalli for the term of his life and provided that after his death his widow Aisha Bibi and his sons would act as Mutwallis jointly. The settlor died on January 1, 1937. He left behind his widow Aisha Bibi and three sons who are the appellants before this court. The wakf created was of the nature of Wakf-alal-aulad for the benefit of the settler s wife, children and their descendants. The extent of the benefit conferred on them would appear from clause 5 of the deed of wakf as modified :

"5. After payment of all necessary outgoing such as es