Venkataramana Rao, J.

1. This is an application by one Veerappa Chettiar claiming a set-off of the amounts due and payable by the Bank in respect of Fixed Deposit Receipt No. 64/38 dated 6th March 1938 in the accounts of its branch office at Karaikudi for Rs. 7500 in the name of himself and his mother "Visalakshi Achi payable to either or survivor and four cash certificates of the total value of Rs. 2071-8-0 against a sum of Rs. 10,087-15-9 owing by him to the Bank on overdraft account. Mr. Sitarama Rao, his learned Counsel, has not chosen to press his claim in regard to the cash certificates.

2. Therefore the only question that has to be considered is that relating to the amount covered by the fixed deposit receipt. It is the case of the applicant that the said sum solely belongs to him and his mother Visalakshi has no interest therein and that her name was included at the time of the original deposit in 1937 as the applicant was then in failing health. The Official Liquidators oppose the claim on the ground that from the terms of the fixed deposit receipt it is a joint debt payable by the Bank and there is nothing to indicate that Visalakshi was only a namelender and therefore