TRILOK CHAND Vs. CHIEF CONTROLLING REVENUE AUTHORITY

JUDGEMENT

(1.) THE Chief Con trolling Revenue Authority, has under Sec tion 57 of the Stamp Act referred, the following questions for our opinion: -

(2.) THE Town Area Committee Modi-nagar 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, 000.00 (see Annexure I). Bids were made by various persons but the bid of Tirlok Chand, the applicant was the highest, being of Rupees 6, 200.00. The signatures of the various bid ders were taken on the bid-sheet and after the bid was closed, there was an endorse ment to the effect that the bid was closed, as there was no bid higher to the appli cant. 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 Rick shaw licence within the Town Area.

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