JUDGMENT :- This appeal is directed against the decree and judgment of the learned Subordinate Judge of Dindigul in A. S. Nos. 70 and 71 of 1954 reversing the decree and judgment of the learned District Munsif of Dindigul in O. S. No. 50 of 1954.

2. The facts are : The plaintiff is the Dindigul Urban Co-operative Bank Ltd., through principal officer and secretary, Sri Nagalswami. The first defendant deposited a sum of Rs. 2000, on 19-12-1952 under the savings bank account with the said bank and a pass book had been issued to the first defendant. As per rules, whenever withdrawals are made, the pass book should fee produced before the Bank for necessary entries. The first defendant wanted to withdraw the entire amount with interest without surrendering the savings bank account pass book.

In the meantime, the minor second defendant, who is the brother of the first defendant, issued a notice to the plaintiff informing the bank that there had been a partition in the family and that the amount to the credit of the first defendant with the bank had been allotted to his share and that the bank should not repay the amount to the first defendant. Since a dispute had arisen between th