PROVINCE OF BIHAR Vs. HAYES F R

JUDGEMENT

(1.) -

(2.) THIS is a reference by the Board of Agricultural Income-tax, Bihar under Section 25(2) of the Bihar Agricultural Income-tax Act (VII of 1938). The question which the assesses asked the Board to refer was framed on their behalf in these words :-

(3.) IN my opinion the language of the section strongly suggests that it was meant to apply to those cases where land is held by a trustee or someone whose position in relation to the land is similar to that of a trustee. Trust has been defined by Sir Arthur Underhill in his well-known treatise relating to the Law of Trusts and Trustees as follows :-