PRATAP CHANDRA Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) A well-known family of Allahabad, popularly known as the Jhusi or Naini family, was assessed to income-tax in the status of a Hindu undivided family in the firm name of Kishorilal Makundilal.

(2.) IN 1926 Pratap Chandra, one of the members of the family, instituted a suit for partition in the court of the civil judge, Allahabad. IN due course a preliminary decree was passed in 1931 partitioning the family into five branches, which were commonly known as the "plaintiff's branch", " Calcutta branch ", " Naini branch ", " Banaras branch " and " Baijnath Prasad's branch ".

(3.) THUS, the two receivers jointly managed the entire Hindu undivided family estate from 10th May, 1939, onwards. But with effect from 29th December, 1939, they ceased to manage the properties allotted to the plaintiff's branch. From 23rd April, 1941, this lot of properties was managed by Sri Kartar Narain Agarwal, receiver.