RAJAMANNAR C.J.

This appeal against the judgment of CHANDRA REDDI J. arises in the following circumstances : One Katherine Mary Jones, a resident of Bangalore, was a constituent of the Bangalore branch of the Imperial Bank of India and had a current account with it in her sole name. On 13th May, 1951, she addressed a letter to the manager of the bank asking him to arrange to have her current account, in which an amount of Rs. 17, 683-15-7 stood to her credit, changed to a joint account with Mrs. Esme Folkes of N. 7, Viviani Road, Richards Town, Bangalore. Mrs. Jones and Mrs. Folkes filled up the necessary form for opening a current account in their joint names and both of them also filled up what is called an "Either or Survivorship" form, which is in the form of a letter addressed by them to the manager in the following terms

"With reference to the current account to be opened in your books in our joint names, please note that such account is to be operated on by either of us and by the survivor of us, until you receive notice from either of us to the contrary." *

Accordingly, a joint account was opened in their names on 14th May, 1951. Mrs. Jones died on 20th October, 1951 and on that date, the balance at credit in the joint account was Rs. 21, 199-1-1. The appeal relates to this sum

Mrs. Jones left behind her a will dated 25th May, 1951, in and by which she appointed the Imperial Bank of India as sole executor. She bequeathed all her clothing and wearing apparel to Mrs. Folkes and two pecuniary legacies of Rs. 2, 000 and Rs. 3, 000 to Miss Brito and to Mrs. Folkes respectively. She devised and bequeathed all the residue of her property, real and personal, immovable, and moveable, subject to the payment of just debts, funeral and testamentary expenses to her cousin, Mrs. A. F. Cowdrey, residing in Southern Rhodesia. The Imperial Bank of India duly obtained probate of the will. On 1st November, 1951, Mrs. Folkes wrote to the manager of the bank that the current account of the deceased Mrs. Jones had been converted into a joint either or survivor account at the express wish of the deceased, so that she, Mrs. Folkes, could help the deceased in her last days and the balance would go to herself on the death of Mrs. Jones, and claimed the said amount. Mrs. Cowdrey, the residuary legate, opposed this claim and herself made a claim to this amount as residuary legatee. She made a special claim in respect of two amounts which were included in the joint current account, namely, a sum of Rs. 5, 006-7-6 being the total of the amounts alleged to have been sent to the deceased by her (Mrs. Cowdrey) for the express purpose of paying the doctor's bills, nursing fees, medicines etc., of the deceased, and to a sum of Rs. 7, 281-12-0, being the redemption proceeds of 3% Government of Indian loan, 1951-54 bonds of the face value of Rs. 7, 300 belonging to the deceased. In view of the conflicting claims, the Imperial Bank of India filed an application to this court under section 302 of the Succession Act for directions as to the disposal of the balance at credit of the joint either or survivor account with the bank standing in the name of the deceased Mrs. Jones and Mrs. Folkes. Mrs. Cowdrey and Mrs. Folkes set out their respective claims to the amount in question. The learned judge held that Mrs. Folkes' title to this balance of the said joint account as on the date of the death of Mrs. Jones had been established and directed the bank to pay Mrs. Folkes the said balance. Mrs. Cowdrey appeals against this order of CHANDRA REDDI JThe main contentions, on behalf of the appellant were that the conversion of her sole current by the late Mrs. Jones into a joint either or survivor account in the names of herself and Mrs. Folkes was only for the purpose of convenient operation of the account during her lifetime owing to her ill-health and defective eye-sight, that Mrs. Folkes did not obtain any right to the said amount or any balance that may b