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2002 DIGILAW 73 (JHR)

Lal Singh Deogam v. Palo

2002-01-25

GURUSHARAN SHARMA

body2002
Judgment Gurusharan Sharma, J.-Admittedly a sum of As. 91 ,000/- was deposited in Account No. 6536 in Central Bank of India, Adityapur Branch, and in column "instruction" in application form (Exhibit C) for opening the joint account, it was mentioned "payable to either or survivor". In the said account names of Jamadar @ Jamadar Deogam and Palo Kui were mentioned. 2. Jamadar Deogam was an employee d Tata Iron and Steel Company Limited (TISCO) and he died some time in April, 1988, and thereafter he had opened the aforesaid bank account No. 6536 on 24.5.1988. Jamadar Deogam breathed his last in Tata Main Hospital. His son Lal singh Deogam thereafter filed Title Suit No. 31 of 1988 for declaration that he alone was entitled to the aforesaid sum lying in deposit in Account No. 6536 and further declaration that Palo (defendant no. 1) was not the married wife of his late father and she had no right to withdraw the said amount. Prayer for permanent injunction directing Central Bank of India, Adityapur Branch (defendant no. 2) was also made not to allow defendant no. 1 to withdraw any amount from the said account. 3. It was established that Account No. 6536 was joint account in the name of Jamadar Deogam and Palo Kui and the amount lying therein was payable to "either or survivor", i.e. the entire amount was payable after death of one of them to the other who was surviving. 4. It was immaterial whether the said Palo Kui was legally married wife of Jamadar Deogam or not, as she was one of the joint account holders. 5. In the aforesaid circumstance, she was entitled to the said amount after death of Jamadar Deogam. 6. In my opinion, trial court rightly dismissed the suit. Hence, this Appeal is dismissed, having no merit. There shall be no order as to costs. Lower court records may be sent down.