M. ANANTANARAYANAN, C. J. : The case referred to us under Section 57 of the Indian Stamp Act involves this question whether a particular document is an instrument chargeable as a conveyance under Art. 23 of Schedule I (previous Art. 19 of Schedule 1-A) or as release under Art. 55 of Schedule I of the Indian Stamp Act. We have had the benefit of elaborate arguments on this matter, and, apart from the facts to which we shall presently refer, and which are explicit and clear, the question also involves the interpretation of what amounts to a release in law as distinguished from a conveyance or transfer of property for value; there are one or two leading authorities available on this aspect, to which also we shall make a brief reference.

2. In order to have a clear picture of the preceding facts, we might immediately take up the settlement deed dated 5-4-1955 which is among the papers and which involves one N.K. Patel and his two sons K.N. Patel (first son) and R.N. Patel (second son). Under this settlement deed, it is recited that there are certain immoveable properties, of which the settlor (N.K. Patel) and his first son (K.N. Patel) are co-owners and joint tenants, with a ri