NARAYANI AMMA Vs. SARASWATHY AMMA

JUDGEMENT

(1.) Plaintiffs in O.S.No.302 of 1982 on the file of I Additional Sub Court, Ernakulam, are the appellants. The suit is for declaration and recovery of money.

(2.) Ist plaintiff is the wife of one P. N. Gopalan Nair and the other plaintiffs are his children. Gopalan Nair died intestate on 12-6-1978. He had a fixed deposit for Rs. 15,000/- for five years in the Union Bank of India, Muvattupuzha Branch, and byway of Savings Bank Account Rs.500/- with the same bank. He had another fixed deposit of Rs.12,000/- for 5 years in the Muvattupuzha Branch of the Ernakulam District Cooperative Bank. In respect of the fixed deposit amount of Rs.12,000/- in the Muvattupuzha Branch of the Ernakulam District Cooperative Bank, Sri. Gopalan Nair had made a nomination in favour of the Ist defendant.

(3.) In this appeal, we are only concerned with the question whether the nomination of the 1st defendant will disentitle the plaintiffs from claiming right to the amount deposited in the Muvattupuzha Branch of the Ernakulam District Cooperative Bank. The Trial Court held that such a nomination would deprive the legal heirs of their right to the said amount and the nominee would be entitled to the said amount.