J.V.Gupta, J.

1. In these two references, under Section 256(1) of the I.T. Act, 1961 (hereinafter called "the Act"), relating to the assessment years 1968-69 and 1969-70, the following two questions of law have been referred for our opinion :

"1. Whether, on the facts and in the circumstances of the case, the assessee could be regarded as owner of the house property in question as contemplated in Section 22 of the Income-tax Act, 1961, for the assessment years 1968-69 and 1969-70?

2. Whether, on the facts and in the circumstances of the case, and having regard to the sale deed executed on April 11, 1969, the Tribunal was right in law in holding that the income from self-occupied property was rightly included as the assessees income from house property for the assessment years 1968-69 and 1969-70 ?"

2. The answer to question No. 2 depends on the answer to question No. 1.

3. The facts giving rise to these references are these. The assessee is an individual. The previous years relevant to the assessment years 1968-69 and 1969-70, ended on March 31, 1968, and March 31, 1969, respectively. By an agreement dated March 17, 1964, between Shri Pran Nath Bhatia (the vendor), the asse