BHASKARAN Vs. KALLIANI

JUDGEMENT

(1.) This appeal comes before us on a reference by P.K. Shamsuddin, J.

(2.) First respondent plaintiff filed the suit for realisation of an amount of Rs. 11,050/- with interest and costs from the appellant defendant. Plaintiff and defendant are respectively the mother and husband of one Gowri, who died on 11-3-1978. At the time of her death, she was a Typist in the Sales Tax Department and was a subscriber to the Family Benefit Scheme (hereinafter referred to as 'the Scheme') introduced by the Kerala Government as per G.O. (P) 405/77/Fin. dated 19-10-1977. Gowri died issueless and on her death the Department awarded an amount of Rs. 10,000/- as the amount standing to her credit under the Scheme. The said amount was admittedly received by the defendant. According to the plaintiff, the defendant received the amount misrepresenting that he is the sole legal representative of deceased Gowri. The plaintiff claimed that she is the only legal heir of deceased Gowri entitled to succeed to all the assets left by her including the money due under the Scheme. The defendant resisted the claim stating that the amount due under the Scheme is intended to benefit exclusively the "family" of the subscriber as defined in the Scheme and not to any other legal heir of the subscriber. According to the defendant, the plaintiff is not entitled to the amount as she is not a member of the "family" of the subscriber as defined in the Scheme. Further it was contended that after the commencement of Joint Hindu Family System (Abolition) Act, 1976 succession is governed by S.15 of the Hindu Succession Act and as such he is the only legal heir entitled to succeed to the assets left by the deceased.

(3.) The Trial Court on a consideration of the rival contentions found that the plaintiff-mother is the legal heir entitled to inherit the assets left by deceased Gowri. It also found that the provisions in the Scheme cannot override the general law of inheritance so as to defeat the right of the plaintiff who is the sole legal heir of the deceased to the estate of the deceased. The Trial Court also rejected the contention of the defendant that the amount awarded under the Scheme is intended only to benefit the "family" of the subscriber as defined in the Scheme, to the exclusion of all others including the other legal heirs of the deceased subscriber who do not come within the definition contained in the Scheme.