DALAVAI NAGARAJAMMA Vs. STATE BANK OF INDIA CUTTAPAH

JUDGEMENT

(1.) Reddy, C.J.1.This appeal is filed by the first defendants in O. S. No.13 of 1955 on the file of the District Court, Cuddapah against the judgement of Umamaheswaram, J., under Clause 15 of the Letters Patent.

(2.) The facts leading up to this litigation are the following. One Dalavayi Ramaswami, who was a Deputy Superintendent of Police, died on 15-7-1954. He left a fixed deposit of Rs. 10,0000/ with the Imperial Bank of India (State Bank Of India) Cuddapah, in the joint names of himself and the appellant, payable on either or the survivor. During his life time, a sum of Rs. 4,000/ was borrowed by the parties on the security of the fixed deposit. The balance payable was only Rs. 6,092-7-0. As this amount was claimed by Ramaswamis brother, his wife, who at the relevant time was living away from him, and the appellant who described herself as another wife of Ramaswami the Imperial Bank of Indian instituted the inter-pleader suit (O. S. No. 13 of 1955) for adjudication of title to the sum of Rs. 6,092-7-0 impleading all the three persons as parties to the suit, namely the appellant as the first defendant, Ramaswamis brother as the second defendant and his wife as the third defendant with regard to whose status there was no dispute.

(3.) The contention of the first defendant appellant was (i) that hiving regard to the term of the deposit, namely, that it is payable to either or survivor, on the death of Ramaswami, she was solely entitled to this amount, and (ii) that, in any event, as one of the wives of Ramaswami, she was entitled to share the amount in question along with the third defendant.