RATNAMMAL Vs. THILAIAMMAL

JUDGEMENT

(1.) THIS is a second appeal from the judgment of the Subordinate Judge's Court, Chittoor, which affirmed the decision of the District Munsif's Court, Sholinghur.

(2.) THE facts which have given rise to this appeal are briefly these: One Kandaswami was a sapper in the Indian Army. The Plaintiff is the mother of the said Kandaswamy while the Defendant is his widow. Kandaswami's whereabouts not having been known for more than 7 years, the Military Authorities intimated the parties that he must be presumed to have died. There is an amount of Rs. 3,050 -3 -0 belonging to the estate of Kandaswami in deposit with the Military Authorities. The Plaintiff contends that she and the Defendant are entitled to this amount in equal moieties by virtue of the nomination made by the deceased Kandaswami in the kindred roll maintained by the Military Authorities. In O. P. No. 53 of 1949, on the file of the District Court, Chittoor, the Defendant, widow of the deceased Kandaswami applied for a succession certificate making her mother -in -law Plaintiff, herein a party Respondent. The Plaintiff contested the petition, but the District Court eventually passed an order granting the succession certificate to the Defendant alone. The Plaintiff averred that the grant of succession certificate to the Defendant did not confer any right: on her for recovery of the money in deposit with the Military Authorities.

(3.) LEARNED Counsel for the Appellant contended that the kindred roll relied upon by the lower courts could not be treated as a Will and he relied upon the decision of a Division Bench of the Bombay High Court in Bhagubai v. Appaji Bitaram : ILR 47 Bom '552 :AIR 1923 Bom 260) (A) in support of his contention. There it was held by the Division Bench consisting of Macleod, Chief Justice, and Crump, J., that