OM PRAKASH, J. - (1.) UPON hearing the parties, we are of the view that the question as proposed by the assessee is a question of law and it does arise from the Tribunal's order dated September 29, 1987, and we, therefore, direct the Tribunal to draw up a statement of the case and refer the following question for the opinion of this Court : "Whether, under the facts and circumstances of case, the Tribunal was justified in finding income of house property 64, Lajpat Nagar, Varanasi, assessable in the assessee's hands ?" The application is, therefore allowed.;