Satish Chandra, C.J.

1. AT the instance of the assessee, the Tribunal has referred for our opinion the following questions :

"(i) Whether, on the facts and in the circumstances of the case, the Tribunal was right in saying that the valuers had considered the effect of the provisions of the U.P. Rent Control and Eviction Act in determining the value of the house in dispute ?

(ii) In any case, whether the view of the valuers and/or the Tribunal that the provisions of the U.P. Rent Control and Eviction Act were not material for purposes of the valuation of the house in dispute is right in law ?

(iii) Whether, on the facts and in the circumstances of the case, the value of the house in dispute has been determined correctly ?"

2. THE questions relate to valuation of the house property No. 113/8, Swaroop Nagar, Kanpur. This house was used by the assessee, P.D. Singhania, as his residential house. In wealth-tax proceedings the assessee declared the fair market price of the house at Rs. 65,555 as on the preceding valuation dates. This valuation was not accepted by the WTO who enhanced it to some extent for the year 1961-62, though he accepted the assessee's valuation for the years 1964