K. J. ROHEE, J.

( 1 ) THE Appellant-original defendant No. 1 (hereinafter referred to as the bank) preferred this appeal against the judgment of the District Judge, Yavatmal in regular Civil Appeal No. 112 of 1985 decided on 30th March, 1988 directing the Bank to return the gold ornaments to the respondents i. e. original plaintiff Nos. 1 to 3 and defendant no. 2 (hereinafter referred to as the plaintiffs) on payment of the principal amount with interest for three months namely june, 1982 to August, 1982 by setting aside the judgment of the Civil Judge, Junior division, Wani dismissing Regular Civil Suit no. 168 of 1983 on 27th March, 1985.

( 2 ) FOR the purposes of this second appeal the facts which are not in dispute are that, on 14-4-1979 one Gopalrao Deshmukh obtained loan from the Bank by pledging gold ornaments. Account Nos. 27/18 and 27/19 were operated. On the same day Gopalrao deshmukh gave a declaration in writing (Exh. 21) that the gold ornaments belonged to him and no other person has any claim against them. On 14-7-1979 Gopalrao Deshmukh also executed a promissory note in favour of the Bank as a security for the loan. On 8-2- 1982 Gopalrao Deshmukh died leaving