VAIDYA, J.:- The above First Appeal is filed by defendant No. 3 in Special Suit No. 34 of 1965, instituted by respondent No. 1 for a declaration that respondent 1 Plaintiff was the owner of the amounts deposited by his aunt Dwarkabai with the State Bank of India, Branch Jalgaon, and the New Citizens Bank, Branch Jalgaon, now merged with Bank of Baroda, and for an injunction restraining defendants Nos. 1, 2 and 3 from claiming the said amounts.

2. The plaintiff is the son of Ranchoddas, the brother of Liladhar, the deceased Husband of Dwarkabai. Defendants Nos. 1 and 2 are her brothers; and defendant No. 3 is the son of defendant No. 2. Dwarkabai had filed Special Suit No. 43 of 1945, on September 9, 1944, against Ranchoddas, the father of the plaintiff, for maintenance, past as well as future, and for recovery of her Stridhan ornaments. The matter came to this Court in First Appeal No. 313 of 1947. Dwarkabai succeeded in getting a decree. The plaintiff's father paid Rs. 9,000/- as past maintenance to Dwarkabai, Rs. 16,995/- for ornaments, and Rs. 175/- per month as future maintenance and a house for her residence in accordance with that decree. She died on September 17, 196