ALOK NATH CHANDRA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This is a suit for declaration and injunction whereby the plaintiff has prayed for declaration that he is entitled to receive 1/6th share of the amounts deposited by Dr. Uma Nanda Chandra since deceased in the Chowringhee Branch, Middleton Row Branch and Calcutta Main Branch of the said State Bank of India morefully shown in the statement of account of the defendant no. 1 being annexure to the plaint. The plaintiff has further claimed a decree for a sum of Rs. 19,12085.16/- against the defendant no. 1 as claimed in paragraph 36 of the plaint alternatively for a decree for sum of Rs. 3,21,034/- against the defendant no. 3 and Rs. 15,91,850/- against the defendant no. 4 as claimed in paragraphs 31 and 34 of the plaint and further prayed for direction on the defendant no. 1 to pay to the plaintiff 1/6th of the amounts in the Fixed Deposit account and Savings Bank account standing in the name of Uma Nanda Chandra since deceased in the Calcutta Main Branch, Middleton Row Branch of the defendant no. 1 and for inquiry into the sum due and payable by the defendant nos. 1 to 6 and for such sum as may be due upon such inquiry with consequential reliefs together with interests on the amount under deposit.

(2.) Plaintiff'S case in brief is that Dinanath Chandra was the father of the plaintiff who died leaving behind his five sons and two daughters. The plaintiff is the youngest son of late Dinanath Chandra and Dr. Uma Nanda Chandra was his third son.

(3.) Specific case of the plaintiff is that in the year 1958 one of his brother Dr. Uma Nanda Chandra left for Germany where he stayed at I.M. Falken Horst, 8/24, in 5000, Cologne 90 in Germany till he died on March 2, 1996, who had attained the German citizenship from Indian origin and he died bachelor.