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1955 Supreme(Mad) 298

RAMASWAMI GOUNDER
Venkatalakshmi Ammal – Appellant
Versus
The Central Bank of India, Ltd. , Coimbatore Branch, by its local Agent – Respondent


Advocates:
D. Ramaswami Ayyangar and T.K. Subba Rao for Appellant.
K.S. Desikan for Respondent.

Judgment

This is an appeal preferred against the decree and judgment of the learned District Judge of Coimbatore in A.S.No. 329 of 1953, reversing the decree and judgment of the learned District Munsiff of Coimbatore in O.S.No. 991 of 1952.

The facts are: - The plaintiff Venkatalakshmi Ammal’s husband Narayana Rao had opened a “Home Savings Safe” account with the Central Bank of India, Limited, Coimbatore branch. Narayana Rao died on 12th September, 1950 having to his credit in the above account Rs. 2,146. The late Narayana Rao had executed and registered a will on 9th June, 1950, under which he has bequeathed this property among others absolutely to his wife Venkatalakshmi Ammal. On this Venkatalakshmi Ammal asking the Bank to pay the amount to her, the Bank has been insisting upon a succession certificate or indemnity bond. Therefore, this Venkatalakshmi Ammal filed O.S. No. 991 of 1952 for recovery of Rs. 2,200. The learned District Munsiff held that under section 214 of the Indian Succession Act the plaintiff was bound to produce a succession certificate but she is saved from doing so by reason of the Hindu Women’s Rights to Property Act. He therefore decreed the suit in plaintif














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