P.V.RAJAMANNAR, SOMASUNDARAM
Mrs. Avis Fitzalan Cowdrey – Appellant
Versus
Imperial Bank of India and Another – Respondent
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, 1
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