JUDGMENT :

A.N. GROVER, J.

1. This is an appeal by special leave from a judgment of the High Court of Andhra Pradesh dated July 2, 1964, in Writ Appeal No. 25 of 1963 whereby the judgment of the learned single judge allowing a petition tinder Article 226 of the Constitution was confirmed.

2. The facts briefly are these. H. E. H. the Nizam of Hyderabad had, by a deed of trust dated August 6, 1950, created a trust known as "H.E.H. the Nizam's Miscellaneous Trust" for the benefit of his family and dependants. One of the beneficiaries was Sahebzadi Ghousunnisa Begum, a stepsister of the Nizam, to whom an annuity of Rs. 12,000 had to be given. She died on November 10, 1955. The property passing on her death became liable to estate duty under the Estate Duty Act, 1953 (XXXIV of 1953), hereinafter called "the Act". The trust fund consisted of three items one of which was a loan deposited with the Government of Hyderabad bearing interest at 11/4%. The main dispute before the Assistant Controller of Estate Duty related to the correct valuation of the aforesaid loan. He valued it at Rs. 2,01,30,000 and, after making the other necessary calculations, the net market value of the estate of the dec