MINISTRY OF FINANCE Vs. MOHAMED HUSSAIN

JUDGEMENT

(1.) The second defendant-Reserve Bank of India in O.S.No. 9566/85 is the petitioner in C.R.P.No.1906/2002, the third defendant-Ministry of Finance, Government of India, New Delhi is the petitioner in C.R.P.No.1820/2002. Both the revision petitions have been filed against the judgment and decree passed by the I Assistant, City Civil Court, Chennai in O.S.No.9566/1985.

(2.) The brief facts of the pleadings before the Trial Court are as follows. Thiru Mohamed Hussain Sulaiman, the first respondent in these revision petitions filed O.S.No.9566/85 claiming himself to be a person appointed by one Chelliah Nadar to transfer his funds of Rs.45 crores from Burma to one of the branches of the Reserve Bank of India at the time of World War No.II during 1944. According to him the money belonging to Chelliah Nadar of Burma was transferred to one of the branches of Reserve Banks of India at New Delhi, Calcutta, Bombay or Madras by his own efforts on an agreement between himself and Chelliah Nadar that 1% of the total amount will be paid to him as commission on realisation of the said amount by the first respondent who is none other than the legal heir of Chelliah Nadar.

(3.) The Reserve Bank of India and Ministry of finance filed written statements to the effect that no such fund was ever transferred from Burma to any of the branches of the Reserve Bank of India either during World War or thereafter in the name of Chelliah Nadar-the first defendant or his legal heirs.