LAWS(MAD)-1954-2-21

B V GAM INTESTATE DECEASED Vs. STATE

Decided On February 03, 1954
B V Gam Intestate Deceased Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS is a novel application for refund of court -fee of Rs. 600.

(2.) THE facts are: The petitioner applied for a succession certificate to collect certain debts due to her deceased husband including a sum of Rs. 20,000 due on a draft by Messrs Prudential Co -operative Central and Urban Bank Ltd. , Madras, and paid succession duty for all items including this item. On the necessary formalities prescribed having been complied with, this petition was posted for hearing and on no objection forthcoming, succession certificate was granted as prayed for. This was on 19 -10 -1948. It is stated that five years thereafter, a succession certificate in regard to this item was applied for in the Court of the District and Sessions judge of Secunderabad Division, on an objection raised by the Prudential Cooperative central and Urban Bank Ltd. , Secunderabad, that the succession certificate issued by the Madras High Court will not be operative in Secunderabad being outside the jurisdiction of the Indian Union Court and therefore the succession certificate should be applied for in the Hyderabad" State. On this, an application was made to the District and Sessions Court, Secunderabad division, and a succession certificate was granted by that Court on 13 -3 -1951. The petitioner has thereupon filed the present application in the High Court stating' that the sum of Rs. 600 paid on this item in the Madras High Court for obtaining the succession certificate was paid due to a bona fide mistake and error and prays for a refund of the same.

(3.) ON a careful review of the circumstances of the case, I have come to the conclusion that the refund asked for cannot be granted. Here are my reasons.