JUDGMENT
K. Gnanaprakasam, J.
1.An unfortunate mother of the deceased Velayudam is the appellant before this court.
2.The appellant’s son was employed as a teacher in Nagapadi Panchayat Union School and he died on 27.1.1994, leaving behind him, his mother, the appellant herein and his wife, the 1st respondent, and two minor children, the respondents 2 and 3. Certain amounts are due on his death. It appears that the appellant and her daughter-in-law, the 1st defendant were not in good terms and therefore, the appellant filed the suit for division of the amount into 4 shares and allotment of 1/4th share to her.
3.The trial court accepted the case of the appellant and dismissed the suit on the ground that the plaintiff is not entitled for partition, but at the same time, the appellant/plaintiff is entitled to 1/4th share in the amount, i.e. Rs.30,000/- and decreed the suit for Rs.30,000/- and directed the plaintiff to recover the same from the 1st defendant and also to pay the necessary court fee for the same.
4.The respondents 1 to 3 took the matter on appeal in AS.No.120/1998 and the lower appellate court allowed the appeal on the ground that the mother, who is the appellant herein, does not come within the definition of ‘family’ and therefore, she is not entitled to 1/4th share in the amount payable on the death of the deceased. Aggrieved by the same, the plaintiff has preferred this appeal.
5.The learned advocate for the appellant has submitted that the mother of the deceased would come within the definition of ‘family’ and that therefore, the lower appellate court is not correct in holding that mother does not come within the definition of ‘family’ and therefore, she is not entitled to 1/4th share in the amount due on the death of her son. The appellant also relied upon the definition of ‘family’ as shown in Rule 2 of The General Provident Fund (Tamil Nadu) Rules, 1935, which states, ‘family’ means- “(i) In the case of a male subscriber, the wife or wives, parents, children, minor brothers, unmarried sisters, deceased son’s widow and children and where no parents of the subscriber is alive, a paternal grand parent.” It is also submitted that the mother being the Class I Heir under Hindu Succession act, she is entitled to her due share. Admittedly, the deceased died leaving behind him, his wife and two minor children and his mother and therefore, the appellant/plaintiff is entitled to 1/4th share in all the properties of the deceased, including the amount payable to the deceased. As such, the appellant being the mother of the deceased, she is entitled to 1/4th share and the said fact cannot be disputed. In the said view of the matter, the appellant/plaintiff is entitled to 1/4th share in the amount, that being Rs.1,20,000/- paid by the respondents 4 and 5 to the 1st respondent.
6.In the result, the appeal is allowed and the judgement and decree of the lower appellate court is set aside and the judgement and decree of the trial court is restored.