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1938 Supreme(Mad) 304

BURN
Lakshmamma dead – Appellant
Versus
P. S. Subramanyam – Respondent


JUDGMENT

Burn, J.

1. This is an appeal from an order of the learned District Judge of Chittoor on a petition by a Brahmin lady named Lakshmamma under Section 372 of the Indian Succession Act. The lady alleged that she was the widow of one P. Sambiah Sarma who had died while in employment as a station master on the Madras and Southern Mahratta Railway. She claimed a succession certificate to enable her to draw the amount standing to the credit of P. Sambiah Sarma in the Railway Provident Fund. It was not disputed that Sambiah Sarma, the depositor, had made a declaration under the Provident Fund Rules in favour of Lakshmamma, nominating her as the person to whom he desired the amount at his credit to be paid in the event of his death. One P.S. Subramanyam the son of P. Sambiah Sarma by his first wife opposed the application and alleged that Lakshmamma had never been legally married to his father. The learned District Judge found that Lakshmamma had lived with P. Sambiah Sarma as his wife for many years, but by reason of certain documents proved before him the learned Judge held, that the lady had been married before to one Madyala Subramaniah. He held therefore that she could not have






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