JAGAT NARAYAN, J. - (1.) THIS is a revision application by the plaintiffs against an order of Munsif Nawa, holding that the document on which the present suit is based is a Settlement as defined in sec. 2 (24) of the Stamp Act with regard to all the three types of properties dealt with in it.
(2.) THE document was executed by one Smt. Rambha Bai. She purported to execute a trust-deed in respect of the following three types of properties. A. Debts and cash. B. Ornaments. C. A house at Nasirabad. THE plaintiffs and defendant No. 7 were appointed as trustees under the deed. It was provided in the deed that the debts mentioned in the document were being transferred to the trust. A sum of Rs. 780/- in cash was also handed over to the trustees. They were directed to realise the money and invest it suitably on interest. Out of the interest received by them a sum of Rs. 25/- per month was payable to Smt. Rambha Bai, similar sum to her son Amarchand and a sum of Rs. 10/-was to be spent on feeding pigeons. The balance of the income was to be paid to Shri Digambar Jain School. So far as the ornaments are concerned they were delivered to the trustees for being kept in their custody as amanat for Smt. Rambha Bai so long as she lived. After her death the trustees were to sell the ornaments and after defraying funeral expenses they were to include it in money recovered from the debt. So far as the house was concerned the trustees were not to have anything to do with it during the life time of Smt. Rambha Bai. But after her death they were to sell it and include the money along with money under head A. From a perusal of the terms of the deed I am satisfied that so far as debts and cash are concerned the document is a settlement as defined under sec. 2 (24) and so far as properties B and C are concerned it is a will. The instrument cannot be said to be non-testamentary disposition of the property within the meaning of sec. 2 (24) so far as properties B and C are concerned. So far as property A is concerned it cannot be regarded as a ''conveyance". Under sec. 2 (10) ''conveyance" includes only such transfers inter vivos which are not otherwise specifically provided for by Schedule I. Settlements are also inter vivos transfers of property in a way, but as they are specifically provided for under Art. 58 of Schedule I, they do not fall within the definition of "conveyance" as given in sec. 2 (10 ). On behalf of the plaintiffs it was contended that with regard to property A the instrument is only a declaration of trust. I am unable to agree with this contention. In my opinion the trustees can make a declaration of trust. If however the author of the trust is himself or herself a trustee then alone a declaration of trust can be made by the author of the trust. In the present case Smt. Rambha Bai who is the author of the trust is not one of the trustees. The instrument is chargeable with duty under Art. 58 only to the extent of Rs. 9,555/ -. The duty is the same as on a bond under Art. 15. It comes to Rs. 100/ -. The instrument has been executed on a sum of Rs. 20/ -. The deficit duty will amount to Rs. 80/ -. Penalty will amount to Rs. 800/ -. The total amount payable on the instrument is thus 880/- only, The revision application is accordingly allowed in part as indicated above. In the circumstances of the case, I direct that parties shall bear their own costs of this revision application. Let the record be returned to the trial court with the direction that the hearing of the suit should be expedited. . ;