( 1 ) THIS judgment will dispose of C. W. 387-D/63 and C. W. 388-D/63, former has been filed by Ravinder Narain and latter by Bishan Narain and Sham Narain. These raise common questions of law and fact. The material facts are taken from second writ petition.

( 2 ) IT appears that there was an agricultural land situated in Mauza Malikpur Chaoni on the Grand Trunk Road, Delhi. Nine persons had separate defined shares in them. On 22nd July, 1949, they entered into an agreement with Delhi Land and Finance Limited for the purpose of development and parcelling out of the land in plots and sale as a residential colony. Delhi Land and Finance Limited were appointed as their sole selling agents and a power of attorney was given to them. One of the terms of the agreement was that the company would get 50 per cent of the net realisations while the other 50 per cent would be given to the respective nine owners of the land in accordance with their shares in the land. It may be noticed that all the aforesaid nine. members do not belong to the same family.

( 3 ) DURING the assessment year 1953-54, Shri Suraj Narain, father of the petitioners in the second writ petition, filed a return