Hegde,J.

(1) THIS is an appeal by special leave from the decision of the High court of Punjab. The High court dismissed the Writ Petition filed by the appellants primarily on the ground that they had adequate alternative remedy under the Income-tax law.

(2) THE gather of the-appellants SethMultani Mal Modi was a share-holder in the Modi Spinning & Weaving Mills Co. Ltd. On 5/03/1956 that company declared interim dividends to its shareholders. Under that declaration Seth Multani Mal Modi was entitled to Rs. 60,265.00 as interim dividends. The dividend warrants were despatcheded 21/06/1956 and the interim dividends declared were confirmed by the General Meeting of the company on 17/01/1957. Seth Multani Mal Modi died on 22/10/1957. Thereafter the assessment of Seth Multani Mal Modi for the assessment years 1956-57 and 1957-58 was taken up. There it was contended that the dividends referred to earlier must be considered as the income of Multani Mal Modi during the assessment year 1957-58. The Income Tax Officer rejected that contention and considered that income as. having been received during the assessment year 1956-57. The assessments orders for the yea