KURIAKOSE Vs. JOSEPH

JUDGEMENT

(1.) DEFENDANTS 2 and 3, who are hereinafter referred to as the defendants, are the revision petitioners. The suit is filed by the 1st respondent herein, who is hereinafter referred to as the plaintiff. The 2nd respondent is the 1st defendant. In this C. R. P. he is only a formal party. The reliefs prayed for in the plaint are as follows: (a) Declaring that the plaintiff is the owner of the Lottery Ticket No. AP 541855 (Kerala Bhagya, mala) and that it belongs to him absolutely, (b) Consequently restraining the 1st defendant, his agents or men by a permanent prohibitory injunction from disbursing the first prize in Kerala Bhagya Mala Lottery drawn on 12-2-1987 at kasaragod in respect of Lottery Ticket No. AP 541855 to the 2nd and 3rd defendants or restraining the said defendants from collecting the said amount in any manner whatsoever. Relief (c) is in respect of costs and (d) in respect of incidental reliefs.

(2.) LOTTERY Ticket No. AP 541855 (hereinafter referred to as the LOTTERY Ticket) won the first prize of Rs. 7,00,000/- in the draw held on 12-2-1987. Defendants claimed the prize producing the LOTTERY Ticket. It was under those circumstances the plaintiff filed this suit before the Munsiff's court, Ernakulam. In the plaint it is alleged that the plaintiff filed a complaint before the police and the concerned authorities and they informed him that he may pursue the matter before a court of law. Accordingly this suit was filed.

(3.) ALTHOUGH learned counsel for the petitioner urged arguments in support of his contentions regarding jurisdiction as well as the correctness of the injunction granted, I am of the view that in this C. R. P. under S. 115 C. P. C. the correctness of the injunction order passed concurrently by both the lower courts cannot be examined. Therefore I am only considering the contention that the court fee paid is not proper and that the Munsiff's court has no jurisdiction to try this suit.