TMI Blog1928 (4) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... ount for 28 ₹ 1,00,000 with the Peshawar Branch of the Alliance Bank of Simla, in the name of himself and his wife, payable to either for survivor. The receipt of the Bank was dated May 24, in the following terms : Received from L. Teku Ram, house proprietor, and his wife, Bibi Gujri, payable to either or survivor, rupees one lak only, as a deposit bearing interest at 5 1/2 per cent, per annum, requiting twelve mouths' notice of withdrawal and subject to the general rules of the Bank with respect to such deposit. A notice of withdrawal was given when the account was opened as follows: Notice given this 17th day of May 1919 as on April 24, 1919. 3. After the death of Teku Ram, the deposit was renewed for a further period ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the third issue became no longer material. 6. The main issue decided in the Courts below, and which was relied on in the application for special leave to appeal, was whether the sum deposited became the sole property of Mussammat Gujri by gift. On the application for special leave to this 1928 Board it was urged that the question whether a fixed deposit in a Bank in the name of two persona payable to either or survivor was in fact payable to the survivor, or belonged to the Ram Ditta estate of the person who originally supplied the money, was a substantial question of law, and of great importance to Banks in India, and to persons in whose names such deposits had been made. It appears from the record that this was the only question raised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellants that, apart from outside evidence, there was a presumption that the sum deposited constituted an advancement, or resulting trust, in favour of Mussammat Gujri, the wife of Teku Ram. It was said that one of the provisions of the destroyed will of Teku Ram was evidence that it was the intention of Teku Ram to make an advancement in favour of his wife under the terms of the deposit note; but in the opinion on their Lordships, no weight should be attached to this evidence. They agree in this respect with the views expressed in the judgments of the Divisional Judge at Peshawar and of the Judicial Commissioner of the North-West Frontier Province. 10. The question, therefore, to be decided is the construction of the terms of the depos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vesting in the donee any beneficial interest in the property granted or transferred, as well as the usages which these natives have adopted and which have been protected by statute, no exception has ever been engrafted on the general law of India negativing the presumption of the resulting trust in favour of the person providing the purchase-money, such as has, by the Courts of Chancery in the exercise of their equitable jurisdiction, been engrafted on the corresponding law in England in those cases where a husband or father pays the money and the purchase is taken in the name of a wife or child. In such a case there is, under the general law in India, no presumption of an intended advancement as there is in England. 13. Applying the pri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the rights of the widow to maintenance from the rest of her husband's property would be decided separately, and their Lordships were informed that a suit for a final partition of the whole property of Teku Ram had been instituted and was in process of decision, Their Lordships do not think it necessary to decide any general question of procedure, but are of opinion that, in this case, justice could be done between the parties without entering upon any question of partial partition, and leaving open all further questions for determination in the final partition of the whole property. Their Lordships propose, therefore, to vary the decree by limiting it to a declaration, in answer in the first issue, that the deposit in suit was not t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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