HARI SWARUP, J. :- The Chief Controlling Revenue Authority, U.P. i.e. the Board of Revenue, has made the reference under Section 57 of the Stamp Act for our opinion on the following questions:

(i) Whether the document under reference is a lease or an agreement to let immovable property and duty is payable on it under Art.35, Schedule 1-B of the Stamp Act, as amended in its application to U.P. vide U.P. Stamp (Amendment) Act, 1962?

(ii) If the answer to the above question is in the affirmative, then whether the document would fall under clause (c) of the aforesaid Art.35 and the total amount of Rs.3,78,095.73 (representing Rupees 69,591.21 already paid on account of a premium, Rs.49,136.10 already paid as development charge and Rs.1,59,368.42 promised to be paid as development charges) would be treated as premium and Rs.732.50 as annual rent for calculating the proper stamp duty due thereon and whether additional stamp duty @ Rs.2 as imposed by S.67-H of the U.P. Town Improvement Act, 1919 (U.P. Act VIII of 1919) as amended by Section 5(1) of the U.P. Local Self-Government Laws (Amendment) Act, 1966 (U.P. Act XXIX of 1966), on deeds of transfer of immovable property situated