K. C. AGRAWAL, J. :- This is a reference made by the Chief Controlling Revenue Authority, the Board of Revenue, Allahabad under Section 57 of the Indian Stamp Act. The questions referred to us are these :-

1. Whether the Board is competent to refer this instrument to the High Court under Section 57 of the Stamp Act in view of the fact that the Collector, Dehradun, had already determined Rs. 2.25 as proper duty payable on a similar document ?

2. Whether the document is an instrument of lease as defined in Section 2(16) of the Stamp Act and is chargeable with duty under Article 35(a)(v) Schedule 1-B thereof ?

3. If not, whether it is a conveyance in consideration of Rs. 16,50,000/- and is liable to duty under Article 23, Schedule I -B, ibid ?

4. If the document is neither a lease nor a conveyance then whether it is a mere agreement chargeable with duty under Article 5(c) Schedule I-B ibid ?

5. If the document does not fall in any of the categories aforesaid, then, what is the correct nature of the deed and what stamp duty is payable thereon ?

2. The statement of the case submitted by the Board of Revenue shows that the document under reference was executed by 1. The Governor of Ut