Judgement

B. P. JEEVAN REDDY, J.:- Assessees are the appellants in these appeals preferred against the judgment of the Gujarat High Court, answering the question referred to it in favour of the Revenue and against the assessees. The question referred under S. 256(l) of the Income-tax Act is to the following effect:

"Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the land in question admeasuring 3085 (or 30,885 -Ed.) sq. yds. excluding 2607 (or 2067 -Ed.) sq. yds. which was admittedly non-agricultural land, was an agricultural land within the meaning of S. 2(14) of the Income-tax Act, 1961 and therefore on sale thereof tax on capital gains resulting therefrom was not leviable?"

2. The assessment year concerned herein is 1970-71.

3. The appellants in these four appeals are co-owners of a plot of land admeasuring in all 30,885 sq. yds., situated within the revenue limits of Navagaon village. It is situated within the revenue municipal limits of Surat Municipality and is situated at the distance of one Km. from the Surat railway station. This plot of land was purchased on 1st February, 1934 by the ancestor of the appellants for a consider