MOHD YAQOOB KHAN Vs. CHIEF CONTROLLING REVENUE AUTHORITY

JUDGEMENT

(1.) THESE two references under Section 57 of the Indian Stamp Act, 1899 (Act No. II of 1899) have been made by the Board of Revenue, U. P. as the Chief Controlling Revenue Authority. The questions referred in the two references are common and, therefore, both of them are being disposed of by a common judgment.

(2.) IT appears that the Municipal Board, Bisalpur, District Pilibhit, held auction for letting out the right of collection of Tah Bazari for the year 1965-66. The auction was held in the presence of the three members of the Municipal Board. In Stamp Act Reference No. 412 of 1971, Yaqoob Khan offered the highest bid of Rs. 16,500.00 and in Stamp Act Reference No. 414 of 1971, Iqrar Khan offered the highest bid of Rs. 15,000.00. Both the bids were for a sum above Rs. 250.00. A bid sheet was prepared, which among others, was signed by Yaqoob Khan and Iqrar Khan. The auctions were closed in their names and they were required to deposit the Zar-i-Chahrum. This was again signed by them as well as by the three members of the Municipal Board, mentioned above. The Board accepted the above bids on a subsequent date.

(3.) YAQOOB Khan and Iqrar Khan made applications to the Board of Revenue under Section 56 (1) of the Indian Stamp Act for setting aside the imposition of stamp duty by the Inspector of Stamps. During the course of arguments, they prayed that certain questions of law of general importance were involved in the case and they might be referred to this Court under Section 57 of the Indian Stamp Act for decision.