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2005 Supreme(Mad) 188

S.R.SINGHARAVELU
Parvathi – Appellant
Versus
Valliyammal & Another – Respondent


Advocates Appeared: For The Appellant :V.P.Sengottuvel, Advocate. For The Respondents:R1, V.Narayanasami,R2, V.Bhiman, V.Kunjithapadam, Advocates.

Judgment :-

The Second Appeal is directed against the judgement dated 2.8.1993, of Sub-Court, Erode in its A.S.No.79 of 1993 in dismissing the suit which itself was against the decree dated 30.1.1992 passed by the District Munsiff, Erode in O.S.No.497 of 1985.

2. While admitting the second appeal, the following questions of law were framed:

" i) Whether the lower Appellate Court is right in reversing the judgement and decree of the trial court without holding its findings on facts and evidence on record as wrong; and

ii) Whether the lower appellate court is right in presuming that the late Sengoda Gounder would not have intended to grant his share of the account to the plaintiff, while the defendants have not pleaded or shown any other reason for the late Sengoda Gounder to open an account jointly with his daughter who was unmarried at that time and all his other children were married and settled."

3. The suit was filed by the appellant/plaintiff, directing the first defendant Canara Bank to pay the accrued interest to herself and for permanent injunction, restraining the bank for depositing the accrued interest into the savings bank account of his father, deceased Sengoda Gounder.

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