PUSHPA DEVI Vs. DHARAM CHAND

JUDGEMENT

(1.) Shri Mohan Lal S/o Dharam Chand R/o Nekowal P.O Sai Tehsil R. S. Pura, a member of the armed forces, breathed his last on 1984. He was amongst other survived by his wife Smt. Pushpa Devi present appellant and his father Shri Dharam Chand respondent No. 1 herein.

(2.) The appellant as a nominee of her deceased husband received an amount of Rs. 60,000/- from Life Insurance Corporation of India on account of life insurance policy taken by her deceased husband. She deposited the amount in her bank account. However, an amount of Rs. 50,000/- out of the deposited amount was drawn by her and deposited under a joint FDR No. QDQ/913109 dated 8.3.1991 in her and her father-in-laws name.

(3.) The appellant commenced a suit in the High Court on 09.10.1991. The suit was transferred to District Court, Jammu and was registered on 21st September 1993. The appellant pleaded that she was fraudulently induced by the respondent to deposit the amount under joint FDR on a false promise that her marriage would be solemnized to Baghwan Dass brother of her deceased husband and son of the respondent No. 1.