PATHAK, J. :- On October 29, 1957, the Saraya Sugar Factory, a partnership firm, executed a sale deed in favour of the Saraya Sugar Mills (P) Ltd., a private limited company, for an apparent consideration of Rs. 17,35,601 and paid stamp duty accordingly. The deed was duly registered.

2. An Inspector of Stamp and Registration obtained a copy of the registered deed and referred the matter to the Chief Inspector of Stamps stating as his opinion that the real consideration was Rs. 1,07,04,832/-, having regard to Art. 23 read with Section 24 of the Stamp Act and that, therefore, a heavier duty should have been paid. The Collector of Gorakhpur accepted the opinion and made an order dated March 9, 1960, for payment of the deficit duty.

3. The Company applied under Sections 56 and 57 of the Act to the Board of Revenue, U. P., as the Chief Controlling Revenue Authority, praying that the Board should set aside the order of the Collector or refer the case to this Court for the decision of the three questions of law. One question arose on the plea of the Company that the Collector had no jurisdiction to take proceedings under Section 23 of the Stamps Act because the document was not "pr