RAM KRISHNA PURI Vs. GURPYARI DEVI

JUDGEMENT

(1.) The instant appeal has been filed against judgment and decree dated 18.1.2002 passed by Additional District Judge, Kanpur Nagar in Civil Appeal No.264 of 2001 arising out of judgment and decree dated 4.9.2001 passed by Additional Civil Judge (Senior Division), Kanpur Nagar in Civil Suit No.193 of 1986.

(2.) The brief facts relating to the case are that Shri Ram Krishna Puri filed Civil Suit No.193 of 1986 in the Court of Civil Judge, Kanpur Nagar against Smt. Gurpyari Devi, Sri Kashi Nath Khatri and Allahabad Bank for a decree of declaration to the effect that plaintiff is entitled to the amount due under the four fixed deposit receipts each for Rs.10,000/- dated 16.1.1981 for a period of 63 months and plaintiff be awarded cost of suit against defendant-respondent nos.1 and 2, with the averments that Smt. Sahodara @ Sahodara Bibi had brought up plaintiff as his mother had died during his infancy and that she held four fixed deposit receipts each for Rs.10,000/- dated 16.1.1981 for a period of 63 months and was sole owner of the amount and had got name of defendant no.1 Gurpyari Devi added along with her in the fixed deposit receipts with the remark "Payable to the former or Survivor"; and since Smt. Sahodara died on 30.1.1985 after executing her last will dated 18.1.1983 in favour of plaintiff in respect of impugned fixed deposit receipts and defendant no.1 is disputing the rights of plaintiff, hence suit.

(3.) The defendant no.1 filed a written statement denying the allegations of plaint and claiming herself to be entitled to full and final payment of maturity amount under the impugned fixed deposit receipts and that the suit is barred by provisions of Section 213 of Indian Succession Act.