MANORMA DEVI Vs. SUKARMA BHARDWAJ

JUDGEMENT

(1.) This regular second appeal at the instance of the plaintiffs against the judgment and decree dated 16-2-2000 of the learned District Judge, Shimla, reversing the judgment and decree dated 8-9-1998 of the learned Sub-Judge 1st Class (2), Shimla, has been admitted for hearing on the following substantial question of law:-

(2.) Briefly stated, the facts of the present case are these. Plaintiff No. 1 is the widow, plaintiffs Nos. 2 and 3 are the sons while plaintiffs Nos. 4 and 5 are the daughters of one Shri Kedar Nath Bhoil. Defendant No. 1 is the sister of the said Shri Kedar Nath Bhoil, who has died on 26-3-1993.

(3.) The abovenamed Shri Kedar Nath Bhoil during his life time on 14-5-1991 had purchased seven "Kisan Vikas Patra" worth rupees ten thousand each. While purchasing such saving certificates, he had nominated his two sisters, Smt. Sukarma Bhardwaj (defendant No. 1) and Smt. Archana Sood as his nominees as entitled to receive the amount of the certificates in equal shares. The saving certificates, however, remained in possession of the deceased Kedar Nath and thereafter in possession of the plaintiffs.