GAUTAM CHOUDHURY Vs. CAUVERY CHOUDHURY

JUDGEMENT

(1.) This appeal is against the judgment and decree dated 23rd April, 2000, passed by the learned Judge, 5th Bench, City Civil Court, Calcutta in Title Suit No. 163 of 1992, whereby and where under the Plaintiffs (Respondents herein) succeeded to get a decree of declaration that the Plaintiffs are having 2/9th share of Rs. 53.503.23P i.e. Rs. 11,889.61 lying deposited with the Bank of India, Eliot Road Branch. The Plaintiffs also got a decree of permanent injunction restraining the Defendant No. 1 from disbursing the Plaintiffs' 2/9th share of the money i.e. Rs. 11,889.61 P. Thus, it appears that this appeal relates to a claim of a sum of Rs. 11,889.61P at the time of passing of the decree.

(2.) Bereft of all details, we just record that the case made out by the Plaintiffs is that the Plaintiff No. 1, Cauvery Chowdhury is the wife of late Dipak Chowdhury and the Plaintiff No. 2, Aurkah Prava Choudhury is the son of said late Dipak Choudhury. The Plaintiffs alleged that said Dipak Choudhury opened a joint savings bank account being account No. 4389 with the Defendant No. 1 bank and deposited Rs. 40,000/- under quarterly income certificate being Fixed Deposit Receipt Nos. 10/85 and 10/86 dated 30th October, 1984 each valued at Rs. 20,000/-. The said bank account was opened by late Dipak Choudhury jointly with Goutam Chowdhury, Defendant No. 2 and Pradip Chowdhoury, Defendant No. 3. Dipak Choudhury died intestate leaving behind his wife, Plaintiff No. 1, minor son, Plaintiff No. 2 and mother, Defendant No. 4, respectively. According to the Plaintiffs, the aforesaid money lying deposited with the bank, belong jointly.

(3.) After the death of said Dipak Choudhury, Defendant Nos. 2 and 3 surreptitiously tried to withdraw the entire money, taking advantage of their names being included in the joint account. Incidentally, the Defendant No. 2 was an employee of the said bank and it was very convenient and easy for him to withdraw the money surreptitiously. The Plaintiffs prayed for a declaration that the Plaintiffs are legally entitled to 2/9th share of the amount of Rs. 53,503.23P, i.e. Rs. 11.889.61P.