(1.) THE question that arises in this second civil appeal is as to whether a nominee excludes the real legal heirs of the deceased from entitlement of release of an asset. Both the courts below have decreed the suit of respondent -plaintiff, Parkasho Devi, who is the sister of the deceased Guru Dass and who had been nominated as a Nominee with respect to a Saving Bank Account of Rs. 58,000/ - deposited by the deceased with respondent No. 2.
(2.) GURU Dass having expired on 26 -11 -1997, plaintiff -Parkasho Devi field a suit before the Munsiff R.S. Pura, for release of the amount. The suit was countered by the appellant as well as respondent No.2 and on the pleadings of the parties, trial court framed following issues: -
(3.) THE trial court decided all the issues, including the issue No. 4 which related to the entitlement of the plaintiff to release of money, in favour of the plaintiff and against the defendant -appellant. Judgment and decree by the trial court was passed on 01 -06 -1998. Aggrieved of this judgment and decree an appeal was filed before the First Appellate Court, who confirmed the judgment and decree and dismissed the appeal vide judgment and decree dated: 10 -04 -1999.