LAWS(BOM)-1983-7-28

SHANTABAI KESHAV JOSHI Vs. STATE OF MAHARASHTRA

Decided On July 28, 1983
Shantabai Keshav Joshi Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THIS writ petition impugns an order passed by the Chief. Controlling Revenue Authority, Bombay, under Section 25 of the Bombay Court -fees Act, 1959, levying a penalty upon the petitioner.

(2.) ON October 28, 1977 one Keshav Balkrishna Joshi died at Bombay. The petitioner is his widow. The late Keshav left a will dated April 15, 1970 where -under the petitioner is the universal legatee. On November 16, 1978 the petitioner filed in this Court a petition for letters of administration, with the will annexed, of the estate of the late Keshav. The estate was shown to include an immovable property at Shivaji Park, Bombay. The petitioner valued the immovable property at Rs. 60,289.00. The valuation was based upon the report of Messrs. Vinayak K. Tharthare and partners, Architects. The total estate was valued at Rs. 65,118.23 and Rs. 2,536.00 was paid as court -fee thereon. On May 7, 1980 letters of administration, with the will annexed, were granted to the petitioner.

(3.) A personal hearing was given when counsel appeared on behalf of the petitioner.