U BHASKARAN Vs. BANK OF INDIA

JUDGEMENT

(1.) The above Appeal is filed by the plaintiff having aggrieved by the judgment and decree dated 5.2.1999 in C.S.No.221/1997.

(2.) The plaintiff married one Jansi Rani, who was originally married to Ramesh and gave birth to two sons, who are defendants 2 and 3. The said Ramesh died in a road accident and the plaintiff married Jansi Rani on 21.2.1994. According to the plaintiff, his father borrowed money from the 1st defendant-bank and when the plaintiff wanted to settle the said demand made from the 1st defendant-bank, the bank insisted the plaintiff to deposit a sum of Rs.5 lakhs in the bank and so he made such deposit, in a short term deposit, on 30.3.1994, but in the name of his deceased wife Jansi Rani. On 13.5.1994 she committed suicide and thereby she died. When the plaintiff tried to withdraw the money from the 1st defendant-bank, the bank insisted the plaintiff to produce succession certificate and so the plaintiff filed the suit in O.S.No.221/1997 for recovery of a sum of Rs.10,22,000/- with future interest at 18% from the date of plaint till date of realisation and for per permanent injunction to restrain the 1st defendant from disbursing the deposit No.SDR 50/1151, dated 30.3.1994, in the name of Jansi Rani, without reference to the claim of the plaintiff.

(3.) The said suit was contested by defendants 2 and 3 through their paternal grandfather, contending inter alia that the said money was deposited by Jansi Rani by herself and it is her property and so the plaintiff is not having any right or interest in the said deposit lying with the 1st defendant-bank as the plaintiff is not the husband of the deceased Jansi Rani.