MINAKSHI DEVI Vs. RAMESH GARG

JUDGEMENT

(1.) This first appeal under Sec. 96 CPC has been filed against judgment and decree dtd. 3/2/1992 passed by Additional District Judge No.5, Jaipur City, Jaipur in Suit No.12/1981, whereby and whereunder the suit for declaration and injunction, in relation to Rs.24,000.00 deposited in saving account of defendant No.1- appellant in post office, filed by Ganpatlal (original plaintiff, since deceased) has been decreed in favour of the plaintiff and against defendant No.1 appellant. The following decree has been passed:-

(2.) The facts of the case are that the original plaintiff filed a suit for declaration with permanent injunction and prayed that amount Rs.24,000.00 was deposited in post office, Ashok Nagar Jaipur in Saving Bank Account No.324030, in the name of his daughter, defendant Minakshi. The plaintiff be declared the real owner of such deposited amount in account of defendant No.1 and the defendant No.1 be restrained from withdrawing the said amount as well as defendant No.2 be injuncted not to disburse the amount to defendant No.1. During pendency of suit, the original plaintiff died and his legal representatives were taken on record, to pursue the suit proceedings, without any objection of defendants.

(3.) On issuing notice, the defendant No.1 filed written statement and denied the facts of plaint. She stated that the amount in issue was deposited by her in her bank account. She stated that on 1-4- 1980 her husband gave her Rs.25,000.00, out of which Rs.24,000.00 was deposited by her in account. There is no benami amount deposited by her father. She stated that her family members were pressurizing her to marry in a settled family, which fact was told to her husband then he gave Rs.25,000.00 to her out of which Rs.24,000.00 deposited in her account and Rs.1,000.00 were kept for daily needs. She left the house of her father on 16/5/1980 and married with Shankar Singh on 18/5/1980. Therefore, her father the plaintiff initiated criminal proceedings. It was stated that on 23/5/1980 the plaintiff and his son obtained custody of defendant and also obtained signatures on withdrawal form against her will. She did not give any authority letter to plaintiff and prayed to dismiss the suit.