A. N. Varma, J.

1. The question which falls for determination in this case is whether the lease granted to the petitioner under the Ferries Act on 25-8-1987 for collection of toll over the bridge called Ban Setu is covered by clause (a) or by clause (b) of Article 35 of Schedule I. B. to the Stamp Act as applicable in Uttar Pradesh.

2. The facts are simple. The petitioner was granted the aforesaid lease on a premium of Rs. 2,30,000/- for a period of one year. In pursuance of the order accepting the petitioner's bid, he submitted the Stamp duty as calculated under clause (a) (i) of Article 35 of the aforesaid schedule to the Stamp Act. The respondents, however, called upon the petitioner to deposit stamp calculated under clause (b) and not (a) (i) of the said Act. The petitioner assails the correctness of this stand.

3. CLAUSE (a) (i) of Article 35 of Schedule 1-B, on which counsel for the petitioner relies, states :

"35. Lease, including an under lease or sub-lease and any agreement to let or sub let. (a) Where by such lease the rent is fixed and no premium is paid or delivered- (i) where the lease purports to The same duty as a Bond (No. be for a term not exceeding one year