1942 (12) TMI 12

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..... Income Tax Commissioner, Bihar and Orissa v. Maharajadhiraj of Darbhanga (1935) L.R. 62 I.A. 215, the judgment being delivered by Lord Macmillan. In that case a moneylender had lent money on a zarpeshgi lease and usufructuary mortgage of agricultural lands under which he was in possession with all the powers of an owner, and upon the terms that, after deducting from a gross estimated rental the e .....

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..... fect the exemption. 2. In the opinion of their Lordships, that case affords a useful contrast to the present case. The position of the assessee in that case had been described by the Chief Justice of Patna- and this Board adopted the description--as follows L.R. 62 I.A. 221: "The mortgagee-lessee was to be in possession of both properties, and, in his relation to the cultivators of the soil .....

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..... nt: the recovery of the rents depends on the rights of the wakf estate, and on the appellant's performance of his duties of management as Mutawalli, and the amount of his remuneration does not depend either on the nature of the properties or assets which constitute the wakf estate, or on the amount of the income derived therefrom by the wakf estate. If, as might possibly happen, the whole or a .....

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