Case Summary
The plaintiffs, who are the legal heirs of Premarajan Nair, are seeking their share of a fixed deposit amount after the defendant, the nominee, withdrew it without distributing the share. The suit arises from the defendants' refusal to pay the plaintiffs their entitled amount from the fixed deposit left by the deceased Madhavi Amma.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant directed to pay Rs.33,904/- with interest and costs to the plaintiffs.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiffs, directing the defendant to pay them their entitled share of the fixed deposit amount with interest.
Why Plaintiff Won:
The nominee has a duty to distribute the fixed deposit amount among all legal heirs, which the defendant failed to do.
The nominee has a duty to distribute the fixed deposit amount among all legal heirs, which the defendant failed to do.
Losing Side's Weaknesses:
The nominee has a duty to distribute the fixed deposit amount among all legal heirs, which the defendant failed to do.
The nominee has a duty to distribute the fixed deposit amount among all legal heirs, which the defendant failed to do.
Supporting Evidence
The status of a nominee to a bank deposit is an agent only, to receive the amount from the bank. The nominee is a trustee and all legal heirs have the right over it.
Judgment Evidence:
In the result, suit is decreed as follows: 1) The defendant is directed to pay an amount of Rs.33,904/- (Rupees thirty three thousand nine hundred and four only) with future interest at 12% per annum from the date of suit till the date of decree and with interest @ 6% per annum from the date of decree till its realization to the plaintiffs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajalakshmi.K
- Party Age
- 49
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Aadithya Premarajan
- Party Age
- 24
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Thejas Premaraj
- Party Age
- 23
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Savithri Amma
- Party Age
- 62
- Relation
- D/o
Plaintiffs Documents
Lawyer notice dated 10.12.2020, Postal receipt, Postal acknowledgment, Copy of lawyer notice sent by defendant advocate, Statement of account numbered 4011110022617.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.Sindu.A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Indulekha.C
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P.Raj Mohan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiffs are entitled to recover an amount of Rs.33,904/- from the defendant.
Evidence:
The defendant is directed to pay an amount of Rs.33,904/- (Rupees thirty three thousand nine hundred and four only) with future interest at 12% per annum from the date of suit till the date of decree and with interest @ 6% per annum from the date of decree till its realization to the plaintiffs.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiffs are also entitled to realize costs of the suit from the defendant.
Evidence:
The plaintiffs are also entitled to realize costs of the suit from the defendant.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document was used to notify the defendant regarding the claim for the fixed deposit amount.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document served as proof of sending the lawyer notice.
Reference:
Ext.A1(a)
Document Type:
Postal Acknowledgment
Submitted By:
Plaintiff
Relevance:
This document confirmed receipt of the lawyer notice by the defendant.
Reference:
Ext.A1(b)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is the reply notice sent by the defendant's advocate.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provided details of the fixed deposit account related to the case.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Rajalakshmi.K et al vs Savithri Amma regarding realisation of amount
Case Code Year
Case between Rajalakshmi.K et al vs Savithri Amma regarding realisation of amount