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1962 Supreme(All) 152

N.U.BEG, S.D.SINGH, B.N.NIGAM
PANZY FERNANDAS – Appellant
Versus
M. F. QUEOROS – Respondent


Advocates Appeared:
J.S.TRIVEDI, RAMESHWAR DAYAL

N. U. BEG, J.

( 1 ) THE sole question that arises before this Full Bench relates to the amount of court-fee payable on a memorandum of appeal filed under Section 299 of the Indian Succession Act (Act XXXIX of 1925 ). The appeal arises out of a petition for letters of administration made under Section 278 of the said Act in respect of the estate of one I Mr. H. Johnson, who died on the 19th November, 1958. The petitioners were the sister and the brothers of the deceased. The petition was contested by Mrs. Panzy Fernandas, widow of the deceased. The District Judge, Lucknow, by his order dated the 7th November, 1959, allowed the petition, and ordered that letters of administration be granted to the petitioners on filing an administration bond with one surety as provided in Section 291 of the Indian Succession Act. Dissatisfied with the said order, the widow of the deceased, namely Mrs. Panzy Fernandas, filed the present appeal under Section 299 of the Indian succession Act on the 2ist December, 1959. The law applicable to the present case would, therefore, be the Court-Fees Act (Act No. VII of 1870) as it stood amended on that date in its application to Uttar Pradesh by various local






























































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