M.R. SHAH, J.

1.0 Present Stamp Reference is made under Section 54(1a) of the Bombay Stamp Act, 1958 (hereinafter referred to as “Stamp Act”) by the Chief Controlling Revenue Authority, Gujarat State, Gandhinagar for the opinion of this Court on the following two questions.

(1) The deed of “Memorandum of Entry in the Title Deed” which was registered on dated 21.05.2009 vide registered No. 1778 registered at office of Sub-Registrar, Mundra (District Kutch). The applicant has paid Rs.3,00,000/-. Whether as per the provision of Sections 5, 3(a), 3(b) and Schedule-1’ s Article 36(b) the applicant is required to be paid deficit stamp duty of Rs.39,02,000/- or not?

(2) The deed of “Memorandum of Entry in the Title Deed” which was registered on dated 21.05.2009 vide registered No. 1778, registered at office of Sub-Registrar, Mundra (District Kutch) by the applicant is required to be considered as per Schedule-1’s Article 6 as per simple mortgage and whether the applicant is required to pay Rs.3,00,000/- or not?

2.0 The brief facts of the case leading to the presentation of thi