( 1 ) THE assessee in this case is the Hamdard Dawa Khanna (Wakf) represented by its Mutawali Hakim Abdul Hamid. Up to 27th August 1948 the business styled as hamdard Dawakhana was carried on in partnership by Hakim Abdul Hamid, his brother Hakim Hafiz Mohd. Sayeed and their Mother Rabea Begum. By a Wakf deed dated 28th August 1948 the partners created a Trust in respect of the movable properties of the Hamdard Dawakhana. Under the terms of the Wakf deed the business income of the Hamdard Dawakhana of each year was divided into three portions, namely, (1) to be transferred to a Reserve Fund, (2) to be spent for charitable purposes, and (3) to be paid to the Mutawalis. The portion which was to be spent for charitable purposes was termed as Quami income and the portion which, was to be paid to the Mutawalis was termed the Khandani income. Rabea Begum died on 5-10-1949 and Hakim Hafiz Mohd. Sayeed was declared an evacuee with effect from 1-1-1948.

( 2 ) ON 6-9-1950, Hakim Abdul Hamid purchased the share of the Khandani income receivable by his evacuee brother out of the charitable funds of the Wakf and this share was also earmarked for charitable objects by a decla