- (1.) The assessee Raja Vishwanath Pratap Singh is the son of late Captain Raja Bahadur Ram Gopal Singh, who was the owner of extensive zamindari and other properties. Ram Gopal Singh ran into debts. He applied under Section 4 of the U. P. Encumbered Estates Act, 1934 , 1934 for the liquidation of his debts. While his application under Section 4 was pending. Ram Gopal Singh passed away and his estate was taken over by the court of Wards on 16/9/1941. The estate was released on 16/2/1953. All the proceedings pursuant to the application before the Special Judge after the death of Ram Gopal Singh went on in the name of the assessee.
(2.) Out of the savings of the estate, the court of Wards invested an amount of Rs. 6,11,324. 00 in government securities. The investment fetched an income of Rs. 76,000. 00 per annum by way of interest. The amount of interest used to be collected by the assessee.
(3.) In the proceedings under the U. P. Encumbered Estates Act, 1934 , the Special Judge passed a simple money decree for Rs. 30,00,000. 00 and odd. Since the assessee had been substituted in the place of his father, the decree was passed against the assessee. When some of the decree-holders wanted to proceed against the amount of Rs. 6,87,000. 00 held in government securities, the assessee opposed the claim of the decree-holders. The Special Judge held that the decree-holders could not proceed against this amount which did not form part of the estate of the deceased Ram Gopal Singh. The decree-holders went on appeal to the High court which upheld the order of the Special Judge by an order passed on 25/3/1961.;