JUDGMENT

VENKATARAMIAH J.:— The appellant in Civil Appeal No. 988 of 1972 is Somaiya Organics (India) Ltd. (hereinafter referred to as Somaiya Organics) and the appellant in Civil Appeal No. 989 of 1972 is Godavari Sugar Mills Ltd., (hereinafter referred to as the Godavari Sugar Mills). These two appeals are filed under Art. 136 of the Constitution against the judgment of the High Court of Allahabad in Miscellaneous Reference No. 466 of 1969 (reported in AIR 1972 All 252) which was a reference made by the Chief Controlling Revenue Authority, Board of Revenue, Uttar Pradesh under S. 57 of the Indian Stamp Act, 1899 (hereinafter referred to as the Act) as in force in the State of Uttar Pradesh involving the question relating to the proper stamp duty chargeable in respect of a transaction under which certain lands and buildings belonging to Godavari Sugar Mills were sold in favour of Somaiya Organics. The facts of the case are these.

2. Godavari Sugar Mills was the owner of a distillery plant consisting of the lands, buildings, machinery etc. situated in the village called Basahia alias Captainganj in the district of Deoria, State of Uttar Pradesh. It had entered into a technical colla