K NANJUNDAPPA Vs. PADMAMMA

JUDGEMENT

(1.) In this appeal under S.295 of the Indian Succession Act, 1925 (hereinafter referred to as the Succession Act), respondents 2 and 3 have filed an application I.A.V., praying that the appellants may be directed to pay the deficient court fee on the memorandum of appeal, before the appeal is proceeded with.

(2.) The appellants filed before the District Judge, Bangalore, a petition under Sec.276 of the Succession Act for grant of probate in respect of a will alleged to have been executed by one Puttananjamma. On that petition, a courtfee of Rs.12-50 was paid under Art.11(1)(ii)(3) of Schedule II to the Mysore Court-Fees and Suits Valuation Act. 1958, (hereinafter referred to as the Court-Fees Act). That petition was accompanied by a valuation of the estate in the form set forth in Part I of Sch. III to the Court-Fees Act. The estate was valued at Rs.1,13,811-50. The learned District Judge sent a copy of such petition and of such valuation to the Deputy Commissioner, bangalore District, within whose jurisdiction the properties of the estate were situated. The Deputy Commissioner does not appear to have held any enquiry as contemplated under Sec.56 of the Court-Fees Act; nor did he call upon the appellants (petitioners before the District Judge), to file a copy of the amended valuation of those properties. As the petition for grant of a probate was contested, it was tried in the form of a regular suit as provided in S. 295 of the Succession Act. After recording the evidence, the learned District Judge dismissed the petition.

(3.) Against the judgment and decree of the learned District Judge, the present appeal has been filed. The appellants valued the subject-matter of the appeal at Rs.1,13,811-50 and have paid a court-fee of Rs. 3,863-75 under Art. 4 of Schedule I to the Court-Fees Act.