NAWAB HUMAYUN BEGAM Vs. NAWAB SHAH MOHAMMAD KHAN

JUDGEMENT

(1.) THIS is an appeal from a decree from the Chief Court of Oudh, which had reversed the decree of the Subordinate Judge of Lucknow, who had made a decree in favour of the plaintiff, the present appellant.

(2.) THE claim was contained in a suit which was commenced-and the date is for some purposes important-on September 15, 1934. It was a case in which, as originally framed, the plaintiff instituted a suit against her husband, his son, defendant No.2, and two banks in India with whom money had been deposited on fixed deposit receipt, and the claim was brought by the lady for a declaration that certain sums of money which were held by the banks on deposit receipt were her property and not her husband's.

(3.) THE lady made the banks, as well as the husband and the son, defendants to the suit. Certain defences were put up, one being that the money never was the plaintiff's at all; and, secondly, a somewhat inconsistent defence, that she had given the money to her husband. However, both those defences were held by both Courts to be bad, and their Lordships are not concerned with them ; they have not been contested here, there being concurrent findings on those important questions of fact. THErefore, the position would seem to be that the lady was entitled to say, when she issued her plaint, that these sums of money which then stood in the bank were hers. It is to be remembered that at this time the amount on the contract, if she was at all bound by the contract, was not due, because the time had not fully expired.