C.S.P. SINGH, J. :- The Chief Controlling Revenue Authority, has under Section 57 of the Stamp Act referred, the following questions for our opinion: -

"1. Whether the document (a copy of which is Annexure-I to this reference) is an agreement to let tolls and is included within the meaning of a lease as given in Section 2 (16) (c) of the Stamp Act read with Article 35 thereof and is chargeable under Article 35 (b) of Schedule I-B of U. P. Stamp (Second Amendment) Act, 1958 with a duty of Rs. 195/-.

2. In case the answer to the above question is in the negative, is the document (Annexure- I) chargeable with stamp duty under any other Article of the Stamp Act, and if so what?"

2. The Town Area Committee Modinagar decided to auction the rights to realise fee of Tonga stand and Rickshaw licence of Modinagar, Ghaziabad, district Meerut for the year 1960-61, and it held an auction on the 20th March 1960. This auction was conducted by the officers of the Town Area Committee and the reserved Price for sale of these rights was fixed at Rs. 10,000/- (see Annexure-I). Bids were made by various persons but the bid of Tirlok Chand, the applicant was the highest, being of Rupees 6,200/-. T