Govinda Menon, J. - This is an appeal under section 299 of the Indian Succession Act against the grant of letters of administration with a copy of the will annexed of one Rev. Father Antony Paliyoor alias Antony Kathanar who died at Trichur on 14th March, 1950, in favour of the petitioner in the lower Court, P.J. Verghese.

The application was made before the Subordinate Judge of South Malabar at Palghat for the grant of letters of administration. The same was opposed by a number of respondents of whom the second respondent, the appellant before us, in his counter, dated 23rd July, 1951, pleaded that the Subordinate Judge had no jurisdiction to grant the relief prayed for in the petition. Various other points were raised such as the genuineness of the will, his testamentary capacity and other matters. The learned Subordinate Judge holding that the will is genuine and finding the points raised by the respondent before him against the respondent directed that letters of administration as prayed for will be granted to the petitioner subject to the usual conditions. The question is whether he was justified in doing so.

Under section 265 of the Indian Succession Act the High Court may appo

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