CANARA BANK, REPRESENTED BY THE MANAGER, SHOLAVANDAN BRANCH Vs. ARULMIGHU MEENAKSHI SUNDARESWARAR TIRUKOIL, THROUGH ITS EXECUTIVE OFFICER/DEPUTY COMMISSIONER

JUDGEMENT

(1.) The unsuccessful defendant appeals.

(2.) The facts giving rise to the filing of this original suit as stood exposited from the averments in the plaint would run thus:

(3.) One Gandhi, son of Sadaiyapillai sent a petition dated 09.02.1982 to the plaintiff requesting for the return of the Fixed Deposit on the ground that the said F.D. Amount, represents the fund of the joint family of which Gandhi was also a member. The plaintiff after maturity date of the said F.D. sent a registration letter dated 18.07.1986 to the defendant requesting it for paying the dues under the F.D. for which the Bank sent a reply also. The dues under the F.D were given to the deceased Vellaichamy's wife and his mother based on the succession certificate produced by them even though they did not produce the original F.D. However, the Bank obtained security from them before releasing the amount. Hence, the suit.