1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.39 of 1994 With CA/419/1994 Smt.Sagirunnisa Shaikh Abbas, Age Major, Occu.Household, R/o. 3846, Behind Aadarsh School, Manik Chowk, Ahmednagar. ...APPELLANT ORIGINAL PETITIONER VERSUS 1. Irshad Abdul Kayyum, age 25 yrs., Occu. Business. 2. Faisal Ahmed s/o Abdul Kayyum, Age 22 years, occu. Cycle shop. 3. Nishan Afrin d/o Abdul Kayyum, Age 21 years. 4. Sajid Abdul Kayyum, age 21 yrs. 5. Aziz-ul-Islam s/o Abdul Kayyum, Age 18 years. 6. Masrurjahan d/o Abdul Kayyum, age 15 years. (Respondents No. 5 & 6 are minors under the guardianship of their mother Surayya wife of Abdul Qayyum.) All Resident of 6220, Guru Nanak Market Road, Ahmednagar. ..RESPONDENTS 2 Mr. Y.M.Khan, Adv., h/f Mr.K.G.Khader, Adv. for the appellant. ... CORAM: K.U. CHANDIWAL, J. DATE :24th Feb.,2010 *** PER COURT : 1. Heard learned Counsel for the appellant. 2. Aggrieved by the order dt.6th Jan.,1994, recorded by the Civil Judge, Senior Division, Ahmednagar, in Miscellaneous Application No. 109/1992, the original petitioner Sagirunnisa is before the Court. The factual details as mentioned in the judgment illustrate that petitioner's father Abdul Majid Ibrahim had deposited Rs.22,500/-in fixed deposit amount by four receipts total Rs.90,000/- dt.25.7.1990 in the Bank. He was having a Savings Account No. 19912 up to 1990. Prior to his death Abdul Majid Ibrahim had filled in nomination form in the name of his daughter - petitioner Sagirunnisa. Abdul Majid Ibrahim expired on 16.3.1991. The petitioner informed the bank authorities about date of death of Abdul Majid Ibrahim dt.16.3.1991. The claim of Sagirunnisa was not considered by the bank. 3. There is no controversy about several 3 deposits by receipts in the Bank. Now, the question only needs to be considered is about apportionment. Considering the nomination of Sagirunnisa during lifetime by her father Abdul Majid Ibrahim, it hardly will make entitlement of the grand son of Abdul Majid Ibrahim to stake claim to the benefits of fixed deposit or the interest accrued therefrom. The order of the learned Judge, making the 50 per cent of apportionment of the said amount in favour of the respondent herein ( original respondent) is uncalled for. The learned Judge did not consider the principle of representation indicated in Mohemmedan Law. The order under challenge needs interference. Hence, order. ORDER The impugned order is set aside. It will be the appellant Smt.Sagirunnisa Shaikh Abbas entitled to receive fruits of deposits made by her father with Shahar Sahakari Bank, Ahmednagar. First Appeal allowed in above terms. Civil Application disposed of. [K.U. CHANDIWAL, J.] agp/39-94fa 4