RAJAGOPALA AYYANGAR, J.

The questions referred to this Court for determination under section 66 (1) of the Indian Income-tax Act are :

"1. Whether the proceedings under section 34 of the Act have validly been initiated and completed for the four assessment years in question ? 2. Whether the trust deeds are voidable or void and whether the assessee can be assessed in regard to the properties under section 9 of the Income-tax Act and for any period before the date of the judgement in O. S. No. 105 of 1949 on the file of the Subordinate Judge, Madurai ?" *

The question raised by this reference in whether a Hindu undivided family, which is the assessee, was the owner of certain house property, so as to render it liable to be assessed on the income thereof under section 9 of the Income-tax Act. A subsidiary question that is raised is as regards the propriety or the legality of the reopening of the assessment under section 34 of the Act. The Hindu undivided family which is the assessee owned considerable properties which consisted among others of certain houses, the income from which is the subject-matter of the present dispute. Besides, it was carrying on a money lending busi