JUDGMENT

COLLISTER, J. - The Commissioner of Income Tax has on his motion u/s 66 (1) of the Income Tax Act referred the following two questions to this Court for decision :-

"(1) Whether on the facts of the case stated below (i.e., in his statement of the case) the various co-shares owning the Mandi known as the Khalifa Mandi at Allahabad constitute an association of individuals within the meaning of Section 3 of the Income Tax Act ?

(2) If the answer to the above question be in the affirmative, whether in view of the fact that Mufti Mohammad Aslam has, subsequently to the issue and service of the notice u/s 2 (12) of the Income Tax Act, 1922, transferred his proprietary interest to his wife, the Income Tax Officer is debarred from treating him as the principal officer of the association within the meaning of the section quoted above ?"

The Khalifa Mandi consists in some shops, houses and a piece of open ground on which a market is held. It originally belonged to one Mufti Karim Quli who died in 1860. It appears that from 1925 onwards twenty-six persons have by right of association or transfer been the owners of this Mandi. Up to 1925 the owners used to lease the Mandi thekadars, but i