v. S. Deshpande, J.

( 1 ) THE question REFERRED TO to us for opinion under section 57 (2) of the Indian Stamp Act, 1899 is:-

"whether the instrument (Annexure A) is a deed of declaration of trust, chargeable to stamp duty under Article 64 of Schedule I-A of the Indian Stamp Act or is a deed of settlement within the meaning of section 2 (24) of the Act ?". The deed opens with the following recitals :-

"whereas the creation of a Charitable Trust for the real benefit of the public has been the dream of the Founder; And Whereas the Founder has accordingly created a Charitable Trust having appointed himself as first Trustee and has dedicated and endowed upon Trust his various assets and. properties,. . . . . . . . . . . . . . . it is considered desirable to execute a formal deed of Trust".

( 2 ) THE Founder then proceeds to declare that the business and the properties described in the deed shall no longer be the personal business or property of the Founder or any other person but shall be held in Trust. The objects of the Trust are of a public and charitable nature. The Founder of the Trust is to be sole trustee with power to appoint co-trustees who will have full power to manage the inco

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