UNION OF INDIA Vs. MARYKUTTY VARKEY

JUDGEMENT

(1.) DEFENDANTS 1 to 4 in O. S. No. 96 of 1983 on the file of the Additional Subordinate Judge's Court, Alleppey, are the appellants. The suit was for recovery of amounts alleged to be the deposits made by the respondent.

(2.) THE material averments in the plaint are as follows: THE plaintiff started Post Office Savings Bank Account no. 480926 at the Kainakary East Post Office, Alleppey on 1-4-1980 by an initial deposit of Rs. 5/ -. A pass book in the name of the plaintiff in that account was given to the plaintiff duly signed and sealed by the 4th defendant in the suit. She deposited Rs. 1,000/- on 3-4-1980, Rs. 45,000/- on 18-6-1980, rs. 5000/- on 2-7-1980, Rs. 2,400/- on 11-7-1980, Rs. 2900/- on 23-7-1980 and rs. 1000/- on 14-2-1981. THEse deposits were credited in her pass book duly signed and sealed. THE source of these deposits was withdrawals from her account at Dhanalakshmi Bank, Kainakary, withdrawals from deposits at the co-operative Bank, Chennamkary and Kainakary respectively, the income derived from her property at Changanacherry and the sale consideration of the property sold by her on 17-6-1980. She required to withdraw some money and approached the 4th defendant with her pass book, but she was directed to come on 30-7-1981 and on that date to 31-7-1981 stating that the amount had to be obtained from the Head Office, Alleppey. On 31-7-1981 she went to the Post Office to withdraw the amount. THEn she came to know that the 4th defendant was arrested in connection with a complaint filed by a depositor. In August 1981 she approached the 3rd defendant, the Superintendent of Post Offices, Alleppy, for withdrawing the amount, whereupon she was directed by him to hand over the original pass book to him. After obtaining photostat copies of the same from the Jose Studio, alleppey, she handed ever the original pass book to him and obtained Ext. A2 receipt dated 3-8-1981, acknowledging the receipt of the pass book. Finding that the amounts deposited by her were not given to her she approached the Post master General, Trivandrum, the 2nd defendant in the suit, on 19-11-1981, and made a representation requesting to pay the amount. She got a reply dated 25-9-1981 from the 3rd defendant requesting her to wait for some time more. Finding her efforts to get back the amount yielded no result, she made representations to the 2nd defendant, the Chief Minister of Kerala and the central Minister of Telecommunications with photostat copies of the pass book and the receipt. While matters stood so, the 4th defendant asked her to sign a receipt and obtain the pass book. THE 4th defendant directed her to write rs. S/- in a paper and sign in it. Accordingly she wrote and gave the receipt. After receiving the same the 4th defendant handed over a duplicate pass book showing only an amount of Rs. 5/- as deposit in the account. She asked the 4th defendant to give back her receipt and to take back the duplicate to which the 4th defendant did not accede. Finding that the Department was not prepared to return the amount she issued a suit notice through a lawyer under S. 50 CPC on 8-12-1981. THE defendants did not reply to that notice. It is in these circumstances that the plaintiff filed the above suit.

(3.) AFTER elaborate consideration of the oral and documentary evidence in the case, the lower court found that the plaintiff had made the deposits and passed a decree against defendants 1 and 2 for recovery of Rs. 57,305/- together with interest at 12 percent from the date of notice of demand till date of decree and thereafter at 6 percent. Dissatisfied with the judgment and decree of the trial court the defendants have filed this appeal.