GURAN DITTA Vs. TRAM DITTA

JUDGEMENT

(1.) This is an appeal, by special leave, from a decree of the Court of the Judicial Commissioner of the North-West Frontier Province, affirming a decree of the Divisional Judge at Peshawar.

(2.) The respondent is the eldest son of Teku Ram, who died on May 20, 1920. The appellant, Guran Ditta, is a son, and the appellant, Musammat Gujri, is the widow of the said Teku Ram. on May 17, 1919, opened a deposit account for "28 Rs. 1,00,000 with the Peshawar Branch of the Alliance Bank of Simla, in the name of himself and his wife, "payable to either for survivor." The receipt of the Bank was dated May 24, in the following terms : "Received from L. Teku Ram, house proprietor, and his wife, Bibi Gujri, payable to either or survivor, rupees one lak only, as a deposit bearing interest at 5 1/2 per cent, per annum, requiting twelve mouths notice of withdrawal and subject to the general rules of the Bank with respect to such deposit." A notice of withdrawal was given when the account was opened as follows: "Notice given this 17 day of May 1919 as on April 24, 1919."

(3.) After the death of Teku Ram, the deposit was renewed for a further period of one year in the name of Musammat Gujri alone. On May 14, 1911, Musammat Gujri wrote requesting the Bank to pay to Guran Ditta, the bearer of the letter "my deposit of Rs. 1,00,000 (rupees one lak), together with the arrears of the interest on it due to me," In accordance with these instructions, the principal and interest of the deposit were paid to Guran Ditta.