POLAKI APPA RAO Vs. PROJECT OFFICER ICDS

JUDGEMENT

(1.) POLANKI Apparao, the unsuccessful plaintiff in O.S. No. 1 of 1993 on the file of the District Judge, Rajahmundry, had preferred this appeal aggrieved by the judgment and decree, dated 24-3-1995 made in the aforesaid suit.

(2.) SAID suit was filed for realisation of an amount of Rs 49,956/- with subsequent interest and costs. The claim of the appellant-plaintiff is relating to different benefits due to one Manepalli Suryakantham on the ground that said Suryakantham is his wife.

(3.) SRI Ramalinga Swamy, the learned Counsel representing the appellant-plaintiff would contend that the status of the plaintiff as husband of Manepalli Suryakantham need not be seriously gone into in the present suit in view of the fact that the appellant-plaintiff had already obtained Succession Certificate. The learned Counsel would also contend that the brother of said Suryakantham, who was impleaded as a party in the Succession Certificate proceedings had in fact raised the dispute, and hence, respondents-defendants now cannot raise an objection stating that the present suit cannot be decreed in view of some correspondence in between the brother of Suryakantham and the officers concerned. The learned Counsel had also drawn the attention of this Court to the relevant provisions of the Indian Succession Act, 1925 (in short hereinafter referred to as 'the Act'), and would contend that in the absence of any revocation of the Succession Certificate, the Project Officer, ICDS, Addateegala and others are bound to make these payments, and they cannot be permitted to take the defence which they had put forth in the present suit. The learned Counsel also placed reliance on certain decisions to substantiate his stand.