H KHARAK BAHADUR THAPA Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant is the plaintiff in O.S. No. 5078 of 1985 on the file of the learned II Assistant Judge, City Civil Court,Madras.

(2.) The appellant/plaintiff filed the above suit for recovery of a sum of Rs. 3,100/- alleging that when he was working as a Watchman in the State Trading Corporation of India Ltd., Madras, he sent 16 hundred rupee notes valuing Rs. 1,600/- and 15 hundred rupee notes valuing Rs. 1,500/- in two registered insured covers, to his wife Smt. Tikimaya Devi Thapa, who is living at West Nepal, from the G.P.O., Madras, and when the said covers were opened, only newspapers cuttings were found, but not currency notes.

(3.) The suit was resisted by the respondents/defendants contending that even though two insured letters were alleged to have been sent by the appellant/plaintiff were received in good condition with "Lahaseal" intact and forwarded to the addressee the wife of the appellant/plaintiff, who received the covers without any tampering, she found only pieces of Indian newspapers. Inside the covers and, therefore, they contended that as the seal was intact at the time of handing the postal articles to the addressee, they are not liable to pay the sum of Rs, 3,100/-.