( 1 ) THIS is an appeal directed by the 1st defendant against the judgment and decree of the District Judge of Cuddapah decreeing a sum of Rs. 6092-9-0 in favour of the 3rd defendant. The first question, that arises for consideration in the appeal is whether, by reason of the fixed deposit being in the joint names of the 1st defendant and Dalavayi Ramaswami payable to either or survivor, the amount should be paid to the 1st defendant alone; and (2) whether the appellant 1st defendant is the legally wedded wife of Dalavayi Ramaswami and is entitled to a share in the fixed deposit amount kept with the State Bank of India, Cuddapah.

( 2 ) SO far as the first question is concerned, there is no doubt that the fixed deposit receipt marked as Exhibit A-l is in the joint names of Mr. Dalavayi Ramaswamy and Mrs. Dalavayi Nagarajamma payable to either Or survivor. A sum of Rs. 4000. 00 was borrowed by the parties and the balance that is payable is only Rs. 6092-7-0. The contention of the learned Advocate General on behalf of the appellant is that inasmuch as the sum is payable to either or survivor, the appellant is entitled to the fixed deposit amount on the death of Dalava