SUBBA RAO, J. -Tgese two appeals by certificate arise out of the judgment of tge High Court of Madhya Pradesh, Jabalpur, in Misc. Case No. 63 of 1961 from a reference under section 66 (2) of the Indian Income -tax Act, 1922, made by the Income -tax Appellate Tribunal, Bombay.

2. To appreciate the contention of the parties the following genealogy will be useful:

Kalooram Todi

Govindram (died in January 1943)

Madanlal (predeceased his father) = Jankibai

Gangaprasad (died in 1931)

Nandlal (d. 9.12.1945) = Banaraibai

Venkatlal (b. 13.12.1931) Bachhulal

Bacobhulal (b. 25 -1 -1935)

Radheyshyam (predeceased his father) = Shantibai Yishwanath (adopted) (b. 13 -4 -1941)

After the death of Kalooram Todi, his two sons by name Govindram and Gangaprasad constituted a joint Hindu family which owned extensive property in Jaora State and a Sugar Mill called "Seth Govindram Sugar Mills" at Mahidpur Road in Holkar State. In the year 1942 Bachhulal filed a suit for partition against Govindram and obtained a decree therein. In due course the property was divided and a final decree was made. We are concerned in these appeals only with the Sugar Mills at Mahidpur Road. After the partitio