BANERJEE, J.

1. This is a reference under s. 27(1) of the WT Act, made under circumstances hereinafter stated.

2. The assessee is one Narayandass (alias Naraindas) Sadani. He has a one-half share in three immovable properties in Calcutta. The other one-half share belongs to his brother, Ramnarayan Sadani. The assessment years in question are 1957-58 and 1958-59 and the corresponding valuation dates are Akshaya Tritia day of 2014 and 2015 S. Y. The point in dispute is the status in which the assessee is to be assessed to wealth-tax. The assessee is the son of one Amarchand and grandson of one Lachmandas. Lachmandas was a Hindu governed by the Mitakshara school. Amarchand was his only son. Amarchand had five sons, viz., (1) Sewnarain (2) Harnarain, (3) Ramnarain, (4) Naraindas and (5) Lachminarayan. The last- mentioned son was born in the year 1934. Amarchand used to do business in the name of Lachmandas Amarchand, as the sole proprietor, and owned several properties in Calcutta and Bikaner. It is not disputed that the business and the properties were self-acquired in the hands of Amarchand. On 4th May, 1927, when Amarchand had only four sons born to him, he executed three de