NISHTALA SUBRAMANYA SOMAYAJULU Vs. KANNEPALLI LAKSHMI SOMI DEVI

JUDGEMENT

(1.) The appellant is the brother of the respondent. Both of them are the children of one Anandaraya Sastry, who was a Sub-Inspector of Police and a subscriber to the General Provident Fund. He nominated his wife, Satyavathamma, to receive the amount standing to his credit in the Provident Fund in the event of his dying before the money was paid over to him, but Satyavathamma predeceased him. She died in August 1938, while Anandaraya Sastry survived till 8th March 1946. The appellant applied for a succession certificate in the Court of the District Judge of Vizagapatam. The respondent who is his sister opposed the application claiming that she was entitled to the money. The learned "Judge dismissed the application of the appellant and directed that a succession certificate should be issued in favour of the respondent. Hence this appeal

(2.) Note 2 to R. 17 of the Rules regulating the General Provident Fund as they stood in 1926 provided :

(3.) This question was considered in Mon Singh v. Mothi Bai, 59 Mad 855 : (A. I. R. (23) 1936 Mad. 477), where it was ruled that