P. JAGANMOHAN REDDY, J.

( 1 ) IN view of an apparent conflict between a Full Bench of the Madras High Court in Crompton Engineering Co. , (Madras) Ltd. v. Chief Controlling Revenue Authority Madras, AIR 1953 Mad 764 and a Full Bench of this Court in Midde Varaprasada Rao v. Collector of Krishna, 1959-2 Andh WR 102= (AIR 1959 Andh Pra 650) (FB) on the interpretation of Section 2 (17) of the Indian Stamp Act as to what would constitute a mortgage within the meaning of that section, this case has been directed to be referred by a Division Bench of this Court consisting of one of us namely Basi Reddy, J. and Gopal Rao Ekbote, J. , to a Full Bench of five Judges or more for resolving the conflict.

( 2 ) THE facts in so far as they are relevant for the determination of the question are that the plaintiff had filed a money suit against the defendants for the price of articles supplied to Gande Chinniah, the predecessor-in-interest of the 1st and 2nd defendants for their family needs, which debt he acknowledged by a receipt dated 1-4-1963. This receipt was filed with the plaint, the translation whereof in English is as follows:"agreement executed by Gande Chinniah, son of Linganna, residen

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