(1.) THE entire dispute in this appeal centres round fixed deposit receipt No. 208 of 1975, for Rs. 20,000, which was subsequently renewed as Fixed Deposit Receipt No. 244 of 1986, and a sum of Rs. 20,616. 07 lying in Savings Bank Account No. 2245 (later on changed to 12164 in the name of respondent No. 1 ). Fixed Deposit Receipt No. 208 of 1975 (now 244 of 1986, in the name of respondent No. 1) was payable to either or survivor, namely, Fr. Damaso D'lima, and the original plaintiff, Claire Victoria Pinheiro. The savings bank account was also in their names and was also payable to either or survivor. The original Savings Bank Account No. 2245 was opened somewhere on February 2, 1972, and the Fixed Deposit Receipt No. 208 of 1975, is of the year 1975. On October 16, 1974, Fr. Damaso D'lima executed a will in favour of respondent No. 1 and the material portion of the will which is relevant for the purpose of the decision of this appeal is as under :
(2.) FR. Damaso D'lima died on December 1, 1976.
(3.) THE dispute in this case is to whom in law the amounts of Fixed Deposit Receipt No. 208 of 1975 (now 244 of 1986) and Savings Bank Account No. 2245 (now 12164) is payable. The original plaintiff and defendant No. 1 lay claim to the same to the exclusion of each other.