Balakrishna Ayyar, J.-The appellant is the brother of the respondent. Both of them are the children of one Anandaraya Sastri, 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 Sastri 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.

Note 2 to rule 17 of the rules regulating the General Provident Fund as they stood in 1926 provided,

“when a person named in a Form of Declaration dies before the subscriber, the Declaration shall, in the absence of a direction to the contrary in the Form of Declaration, become null and void in respect of that person......”

It