KRUSHANADAS NAGINDAS BHATE Vs. BHAGWANDAS RANCHHODDAS

JUDGEMENT

(1.) The above First Appeal is filed by defendant No. 3 in Special Suit No. 34 of 1965, instituted by respondent No. 1 for a declaration that respondent 1 plaintiff was the owner of the amounts deposited by his aunt Dwarkabai with the State Bank of India, Branch Jalgaon, and the New Citizens Bank, Branch Jangaon, now merged with Bank of Baroda, and for an injunction restraining defendants Nos. 1, 2 and 3 from claiming the said amounts.

(2.) The plaintiff is the son of Ranchoddas, the brother of Lialdhar, the deceased Husband of Dwarkabai. Defendants Nos. 1 and 2 are her brothers; and defendant No. 3 is the son of the defendant No. 2. Dwarkabai had filed Special Suit No. 43 of 1945m on September 9, 1944, against Ranchoddas, the father of the plaintiff, for maintenance, past as well as future, and for recovery of her Stridhan ornaments. The matter came to this Court in First Appeal No. 313 of 1947. Dwarkabai succeeded in getting a decree. The plaintiff's father paid Rs. 9,000/- as past maintenance to Dwarkabai, Rs. 16, 995/- for ornaments, and Rs. 175/- per month as future maintenance and a house for her residence in accordance with that decree. She died on September 17, 1965.

(3.) After her death, the house was given in the possession of the plaintiff by the defendants. But while she was living in the house which was given to her, she was acting on the advice of her brothers, defendants Nos. 1 and 2, and defendant No. 3, the son of defendant No. 2. the defendants were in a position to dominate her will as they were her nearest and dearest relatives. Though the defendants ordinarily resided at Dharangaon, one of them was constantly living with Dwarkabai at Jalgaon. Despite efforts made by the plaintiff and his family members, to maintain cordial relations with her, she frustrated the efforts and was not on good terms with them. In these circumstances, taking advantage of the dominant position which the defendants had over Dwarkabai, they made her deposit Rs. 10,000/- with the State Bank of India in the Savings Bank account at Dharangaon Branch, in the joint names of herself and defendant No. 3.