CHAKRAVARTTI, J.

1. THE proceeding which has led to this Reference gave rise to an important and attractive question of law, but unfortunately it suffered such drastic pruning at the hands of the Tribunal in the course of their editing of it that it has reached this Court only in a very attenuated and even misleading form. THE parties, however, agreed that the question might be reframed in order that its real basis and meaning might be brought out.

2. THE facts are as follows :One Akshoy Kumar Ghose died in October, 1931, leaving a will under which three persons were to be executors and trustees. Of them two obtained a probate of the will and took upon themselves the administration of the estate. In May, 1933, one Asit Kumar Ghose, who is the assessee before us, was adopted to the testator. In 1947 Asit Kumar brought a suit against the executors on the Original Side of this Court for administration of the estate and accounts and in that suit he was appointed receiver by an order made on the 12th Aug., 1948. He took possession of the estate on the 23rd August next and it is found by the Tribunal that all the assets of the estate were handed over to him, except that the execut