RAJESHBABU Vs. MURALIKRISHANAN

JUDGEMENT

(1.) The defendant in O.S.232/2011 on the file of the Sub Court, Cherthala is the appellant. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the trial court).

(2.) The plaintiffs filed the suit for realisation of money from the defendant. As per the plaint averments, the plaintiffs are the children of late Mayadevi who died on 22/7/2011. The defendant is the brother of deceased Mayadevi. According to the plaintiffs, the deceased Mayadevi deposited a sum of Rs.8,00,000.00 in State Bank of Travancore, Aroor branch and made the defendant as her nominee. After the death of Mayadevi, the defendant instead of disbursing the amount to the legal representatives of Mayadevi, namely the plaintiffs, attempted to appropriate the said amount. Therefore, to recover the said amount they preferred the suit.

(3.) In the written statement filed by the defendant, he admitted that Mayadevi deposited a sum of Rs.8,00,000.00 in the bank and that he was made as nominee. However, according to him, the plaintiffs are not the children of Mayadevi. It is contended that the plaintiffs and Mayadevi had no relationship with each other and therefore, he prayed for dismissing the suit.