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/-. The signatures of the various bidders were taken on the bid-sheet, and after the bid was closed, there was an endorsement to the effect that the bid was closed, as there was no bid higher to the applicant. This bid-sheet was put up before the Chairman of the Town Area Committee on the 22nd March 1960 i.e. on the 3rd day of the bid, and he also signed the bid-sheet. Thereafter, Tirlok Chand exercised the right of collecting fee of Tonga stand and Rickshaw licence within the Town Area.

3. The Inspector of Stamp and Registration, Meerut Circle, who had been appointed as Collector for the purpose of Section 40 of the Stamp Act by U. P. Government Notification No. C-4135/X-525 dated 20th August 1928 and Rule 325 of the U. P. Stamp Rules framed under Notification No. M-528/X/503 dated 25-3-1942 examined this document and treating it to be an agreement to let tolls, chargeable with Stamp Duty under Article 35 (b) Schedule I-B read with Section 3 (16) (c) of the Stamp Act, impounded it, and imposed deficit duty of Rs. 195/-and penalty of Rupees 30/-. The matter thereafter came up before the Chief Controlling Revenue Authority, which has now made the present reference.

4. It will be convenient to extract the relevant provisions of the Stamp Act. Section 2 (16) of the Stamp Act reads as under:-

"2 (16). "Lease" - "Lease" means a lease of immovable property, and includes also -

(a) a patta;

(b) a kabuliyat or other undertaking in writing, not being counterpart of a lease, to cultivate, occupy or pay or deliver rent, for immovable property;

(c) any instrument by which tolls of any description are let;

(d) any writing on an application for a lease intended to signify that the application is granted:"

Article 35 (b) Schedule I-B is as under:-

"35. Lease, including a under-lease or sub-lease and any agreement to let or sublet.

. . . . . . . . . . . . . . . . . .

(b) Where the lease is granted for a fine or premium or for money advanced and where no rent is reserved:"

5. It will be seen that any instrument by which tolls of any description are let is a lease. It is not denied that the transaction in dispute relates to tolls. The controversy, however, is as to whether the bid-sheet is a lease as defined in Section 2 (16) of the Stamp Act.

6. Now even if the document is not a lease but an agreement to let the tolls, it would be still taxable under Article 35 of Schedule I-B of the Act with the same duty as a lease. The question that arises for determination, is as to whether the bid-sheet can be said to be a lease or failing that an agreement to let. If it does not come within either of these two categories, it cannot be taxed under Article 35 Schedule I-B of the Act.

7. The Standing Counsel has urged that the bid-sheet is an instrument by which tolls have been let out. Section 2 (1