GHANSHYAM DAS Vs. SHIV KUMAR VIG

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 24.04.1999 which had reversed the finding of the Trial Judge dated 21.02.1997. Vide the impugned judgment dated 24.04.1999, it was held that the defendant no. 1 was entitled to the entire amount of the FDR which was in the name of Bua Dutta lying with the defendant no.3, bank.

(2.) Plaintiff, Smt. Parbati Devi (deceased), filed the suit for declaration claiming herself to be the owner of the total amount held under the fixed deposit receipt no. FD/A/619657/2464 dated 17.09.1988 lying with the Allahabad Bank. The prayer was that the defendants should be restrained from taking this amount. The principal amount of the FDR was Rs. l lac which had been deposited on 17.09.1988 for period of two years. It was in the joint names of Bua Dutta and Shiv Kumar Vig, the defendant. During the pendency of the suit, plaintiff Smt. Parbati Devi died and she was substituted through her legal representative, Sh. Ghanshyam Das.

(3.) The Trial Judge had framed four issues which inter alia read as follows:-