J&K BANK LTD Vs. TEK CHAND

JUDGEMENT

(1.) THIS is a second appeal against the judgment of the Additional District Judge at Jammu who confirmed the decision of the Subordinate Judge at Jammu.

(2.) THE respondent instituted a suit against the appellant Bank in the court of the Subordinate Judge at Jammu for a sum of Rs. 300/ - on the basis of a savings Bank deposit with the Bank. The Savings Bank Pass Book which the respondent obtained from the Bank was pledged by him to the rural Development Officer Srinagar as security for the performance of an undertaking. The fact of this pledge was duly endorsed on the Pass Book to the knowledge of the Bank. The respondent having fulfilled his undertaking, the Savings Bank Pass Book was delivered back by the Rural Development Officer, Jammu to the respondent and a letter was sent to the appellant Bank by the officer informing that the Respondent, has been released from his obligations as pledger and that the amount due under the Pass Book may be paid to him by the Bank. The respondent thereupon made demand on the Bank for payment of the money due to him under the Savings Bank account. Oral demand having failed, he sent a registered demand notice to the Bank which also was not heeded by the Bank. A suit, was therefore, instituted by the respondent against the Bank.

(3.) THE only plea set up by the Bank in the written statement was that the pledge was to the Rural Development Officer at Srinagar and that the Rural Development Officer at Jammu could not, therefore, release the defendant from his obligations under the contract of pledge. The trial court found the plea of the Bank to be untenable and decreed the suit. An appeal by the Bank to the Additional District Judge having proved unsuccessful, the Bank has moved this court in second appeal.