( 1 ) THE questions referred to us for opinion under Section 57 of the Indian Stamp Act are:-

1. Whether an instrument of simple mortgage (Mortgage without possession of immovable property situated in an area to which the U. P. Town Improvement Act 1919 (VIII of 1919) as amended by the Local Self Government Laws (Amendment) Act, 1966 (XXIX of 1966) has been made applicable) is a deed of transfer of immovable property within the meaning of Section 67-H of the said Act?

2. Whether a public officer is barred from impounding (a document) under Section 33 and the collector is barred from imposing any deficit duty and penalty under Section 40 and realising the same under Section 48 of the Stamp Act on a deed of transfer of immovable property situated in an area to which the U. P. Town Improvement Act, 1919 applied, on which stamp duty as payable under the Stamp Act only has been paid and the increased duty under Section 67-H of the Town Improvement Act has not been paid?

On 7-4-1973 M/s. Electronic Industries of India 24 G. T. Road. Mohan Nagar, Ghaziabad executed a mortgage deed in favour of the U. P. Financial Corporation whereby the property of the borrower situated at