K. C. AGRAWAL, J. :- The question involved in this Reference made by the Board of Revenue under Section 57 of the Stamp Act is as under :

"Whether the document under reference (Annexure-I) comes within the definition of a settlement as given in Section 2(24) clause (c) of the Stamp Act and is chargeable with duty under Article 58-A Schedule I-B thereof or is a declaration of trust chargeable under Article 64-A Schedule I-B of the said Act ?"

2. The facts leading to the above reference lie within a narrow compass. Sita Ram and Smt. Laxmi Devi were the owners of a house situate in Mohalla Sahabganj Padreuna, District Deoria. On 12-3-1962, the house was transferred to Goswami Tulsidas Vidyalaya, Padrauna. The donee failed to observe the conditions. Consequently, Sita Ram and Smt. Laxmi Devi, who were the donors, took over possession of the said house. On 31-5-1967, they executed the document under reference. The recitals in the aforesaid document show that as the donee of the previous gift had failed to observe the conditions, the gift deed was revoked. After revoking the gift of 1962, they created a trust and entrusted the management of the said building in the said body in pe