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1979 Supreme(Mad) 447

SATHIADEV
M. V. Krishnamoorthy and Another – Appellant
Versus
Smt. Anandalakshmi and Others – Respondent


Advocates Appeared: For

Judgment :-

SATHIADEV J.

Defendants Nos. 1 and 2 are the appellants. The first respondent herein filed the suit claiming that she was entitled to the provident fund amount of Rs. 9, 151 due from the respondents Nos. 2 and 3 herein, who were defendants Nos. 3 and 4 in the trial court, on the ground that she was the heir and dependent of deceased K. Subramanian, who was working as an assistant in the Life Insurance Corporation at Coimbatore. Subramanian died on 28th January, 1970, leaving behind his wife, the plaintiff, without any children. Defendants Nos. 1 and 2 are his father and mother. Plaintiff claimed that though 3rd defendant admitted her claim in some letters and agreed to pay the provident fund amount to her, later on refused to pay stating that the first-defendant had been nominated by her late husband. In the alternative, she claimed that she will be entitled to share the amount along with the second-defendant. Hence the present suit. The first-defendant, father of late Subramanian claimed that he had been nominated even as early as 10th March, 1958, to receive the provident fund amount and hence he is wholly entitled to it. Second-defendant mother claimed that she was al






















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