Ramakrishnan, J.

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 th