M. ANANTANARAYANAN, OFFG. C.J. :- The matter referred to us is under S. 57 of the Indian Stamp Act, 1899, and the question for decision has been phrased as follows :-

"Whether the instrument in question is liable to be stamped even if it were not to be attested and whether instruments in general are to be stamped on execution notwithstanding that other conditions which validate the transfer of rights which the instrument purports to make are not present? Whether the instrument in question is chargeable as a mortgage deed, under Art. 40(b) of Schedule I of the Indian Stamp Act?"

2. As we shall presently make it clear, the facts establish beyond the shadow of any doubt or controversy that there is no executed document of any kind in the present case. There is only a draft of a proposed document, which may or may not come into existence at all. The content of the reference to us is that on the assumption or supposition that this document might be executed as a deed of mortgage without attestation, the issue should be determined whether the Full Bench decision of this court in Crompton Engineering Co. Ltd. v. Chief Controlling Revenue Authority, Madras, ILR (1953) Mad 566 : (AIR