Nawab Humayun Begam – Appellant
Versus
Nawab Shah Mohammad Khan and another – Respondent
Lord Atkin.:-
This is an appeal from a decree from the Chief Court of Oudh, which had reversed the decree of the Subordinate Judge of Lucknow, who had made a decree in favour of the plaintiff, the present appellant. The claim was contained in a suit which was commenced-and the date is for some purposes important-on 15th September 1934. It was a case in which, as originally framed, the plaintiff instituted a suit against her husband, his son, defendant 2, and two banks in India with whom money had been deposited on fixed deposit receipt and the claim was brought by the lady for a declaration that certain sums of money which were held by the banks on deposit receipt were her property and not her husband's. The facts appear to be that the lady was married in 1928 to the defendant, and in 1929 she had handed certain money-the only sum which their Lordships need trouble with at present is a sum of Rs. 99,000-which belonged to her, to her husband to be put on deposit in the bank in their joint names. The lady is a purdahnasheen lady and illiterate, except that she can write and read elementary Urdu. At different times the husband had transferred the money from the joint account in the nam
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