SHAM SINGH Vs. KASHMIR KAUR AND ANOTHER

JUDGEMENT

(1.) This regular second appeal has been directed against the judgment and decree dated 05.9.2011 passed by the learned Additional District Judge, Gurdaspur vide which the appeal filed against the judgment and decree dated 19.08.2010 passed by the learned Civil Judge (Junior Division), Gurdaspur, has been dismissed.

(2.) Plaintiff-Respondent No.1-Kashmir Kaur @ Jasbir Kaur widow of Darshan Singh has filed the suit for recovery of Rs. 1 lac along with interest on the grounds inter alia that the husband of the plaintiff namely Darshan Singh has deposited a sum of Rs. 50,000/- in the post office of Village Tibber, Tehsil and District Gurdaspur under Kisan Vikas Patra Scheme. Appellantdefendant No.1 who is the son of the real sister of Darshan Singh (deceased) has withdrawn Rs. 1 lac on maturity of the said Kisan Vikas Patras from the post office of defendant/respondent No.2. It is further pleaded that he was not entitled to and has no right to withdraw the amount. The defendant No.2 was also not competent to disburse the said amount to the appellantdefendant No.1. Plaintiff-respondent No.1 alone being the widow and legal heir of deceased Darshan Singh was entitled to the said amount. Hence, the suit.

(3.) Appellant-Defendant contested the suit on the grounds inter alia that he was duly appointed nominee by deceased Darshan Singh in the post office empowering him to withdraw the amount after his death. As such, he has legally withdrawn the amount as the same belongs to him after the death of Darshan Singh. It was further pleaded that Darshan Singh had executed a legal and valid Will dated 13.3.2004 in favour of defendant No.1 in his sound disposing mind and health, as he used to serve him during his life time. Deceased-Darshan Singh used to consider him as his son. Thus he pleaded that plaintiff-respondent No.1 has no right, title or concern with the amount in dispute.