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1969 Supreme(MP) 72

SHIV DAYAL SHRIVASTAVA, A.P.SEN, BISHAMBHAR DAYAL
Digambar Jain – Appellant
Versus
Sub Registrar, Stamps, Indore – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: V.S. Dabir, Adv.
For Respondents/Defendant: Kumari Rama Gupta, Govt. Adv.

JUDGMENT

A.P. Sen, J.

The Chief Controlling Revenue-authority, Madhya Pradesh (hereinafter referred to as 'the Revenue-authority') has stated this case under Section 55(1) of the Indore Stamp Act (No. II of 1907) (hereinafter referred to as 'the Act'), referring the following questions for the opinion of this Court:--

(1) Whether the trust-deed dated 11-9-57, as on record, is to be held to be a 'declaration of trust' of or concerning any property, or a 'conveyance' within the meaning of Section 2(9) of the Act; and

(2) Whether the stamp duty leviable on the document will be governed by Article 47-A of Schedule I to the Act or by Article 17 of the Schedule.

The circumstances giving rise to this reference, briefly stated, are these. By a deed executed on 11th September 1957, seven persons, describing themselves as the Panchas managing the affairs of 'Shri Digambar Jain Tera Panthi Mandir of Indore' and its properties, transferred the management thereof to a committee of eleven trustees named in the deed, defining their functions, powers and duties. The deed recited, inter alia, that after the constitution of this committee of management, the entire property of the temple valued at Rs.1



































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