MUHAMMED Vs. PARUKUTTY AMMA

JUDGEMENT

(1.) These appeals arise out of O.S.441/82 and O.S.613/82 on the file of the Subordinate Judge's Court, Ernakulam. These suits were jointly tried and were disposed of by a common judgment. Therefore I consider it advantageous to dispose of these appeals by a common judgment. A.S.145/86 and A.S.148/86 arise out of the suit O.S.441/82. They are filed by the 5th defendant and 4th defendant respectively. The 5lh defendant in O.S.441/82 was the plaintiff in O.S.613/82. He challenges the dismissal of his suit in A.S. 525/90.

(2.) The short facts necessary for the disposal of those appeals are as follows: Plaintiffs in O.S.441/82 are the widow and children of late Sri.P.N. Parameswaran Pillai. He committed suicide on 23-1-81. He had not disposed of the properties held by him and so he died intestate. Plaintiffs are the legal heirs to succeed to the estate left behind. Deceased was having accounts with the Bank, which are impleaded as defendants 1 to 3. The accounts and the deposits in the Bank were started by Parameswaran Pillai with his funds but had got defendants 4 and 5 included and accounts made operative by "former or survivor" or "either or survivor". It is the plaintiffs' case that defendants 4 and 5 had no manner of right over the amounts covered by those accounts eventhough they were second named parties to those accounts and fixed deposits. On these averments plaintiffs have prayed for a decree declaring their title to the amounts in deposit with the Banks and for a prohibitory injunction restraining defendants 4 and 5 from withdrawing any amount lying in deposit in the joint names of Parameswaran Pillai and defendants 4 and 5.

(3.) First defendant, Bank, filed a written statement contending that plain tiffs must prove that they are the exclusive legal heirs of deceased Parameswaran Pillai. According to Bank, Fixed Deposit No.2808/109 dated 18-1-78 for an amount of Rs.17,000/-stands in the names of deceased and 4th defendant to be operated by the former and balance payable to survivor. So also is Savings Bank Deposit No. 149/3350 in which a sum of Rs.13.17 is the balance. Fixed Deposit No.2808/107 dated 16-1-1978 for a sum of Rs.14,000/- stands in the name of the deceased and 5th defendant to be operated by either or survivor and balance payable to survivor. Another Savings Bank account No.2862 which was started on 18-7-1977 in the names of the deceased and 5th defendant to be operated by either or survivor has a balance of Rs.542.64. It is further averred therein that the first two accounts i.e. fixed deposit for Rs. 17,000/- and SB account No.149/3350 were in the names of late P.N. Parameswaran Pillai and Sri. V.G. Narayanan Nair initially with the clause 'former or survivor'. On 22-1-1989, the deceased instructed the Bank in writing to change the name of V.G. Narayanan Nair to V.N. Padmanabhan Nair. Accordingly, the 4th defendant's name was included as the second person in the account.