VEERASWAMI J.

In the first of these reference arising out of the Tribunal's order, the question substantially is whether the property in Avinasi Road, Coimbatore, as well as a sum of Rs. 1 lakh passed at the death of one C. S. Ramiah Gounder on May 5, 1957, and, as such, are dutiable under the provisions of the Estate Duty Act, 1953. He was a partner of a firm, called N. Desai Gounder & Co. at Coimbatore, and the property was in the occupation of the firm as a tenant. In August, 1953, by a registered documents, he settled the property absolutely and irrevocably on his two sons, C. R. Lingiah and C. R. Krishnan. Even thereafter the firm continued to be in the occupation of the premises, but the rents accruing were thenceforward credited in equal shares to the relative accounts of the donees in its books. The partnership came to an end on April 30, 1957. On March 30, 1953, long before its dissolution, the firm was asked by Ramiah Gounder to transfer from his loan account with it a sum of Rs. 1 lakh to the credit of each his 5 sons in equal shares of Rs. 20, 000 by opening separate accounts in their individual names in the firm's books. The Tribunal, differing from the reve