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1990 Supreme(Ker) 360

SHAMSUDDIN
Narayani Amma – Appellant
Versus
Saraswathy Amma – Respondent


Judgment :-

Plaintiffs in O.S.No.302 of 1982 on the file of I Addl. Sub Court. Ernakulam. are the appellants. The suit is for declaration and recovery of money.

2. 1st plaintiff is the wife of one P.N. Gopalan Nair and the other plaintiffs are his children. Gopalan Nair died intestate on 12-6-1978. He had a fixed deposit for Rs.15.000/- for five years in the Union Bank of India. Muvattupuzha Branch. and. by way of Savings Bank Account Rs.500/- with the same bank. He had another fixed deposit of Rs.12.000/- for 5 years in the Muvattupuzha Branch of the Ernakulam District Cooperative Bank. In respect of the fixed deposit amount of Rs.12.000/- in the Muvattupuzha Branch of the Ernakulam District Co-operative bank. Sri. Gopalan Nair had made a nomination in favour of the 1st defendant.

3. In this appeal. we are only concerned with the question whether the nomination of the 1st defendant will disentitle the plaintiffs from claiming right to the amount deposited in the Muvattupuzha Branch of the Ernakulam District Co-operative Bank. The trial court held that such a nomination would deprive the legal heirs of their right to the said amount and the nominee would be entitled to the said amoun















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