S NAGARAJ Vs. S GOVINDASWAMY

JUDGEMENT

(1.) This original side appeal' filed under Clause 15 of the Letters Patent arises out of the order of Sbaturnikbam. J. -dated m12-1982, made in Appln. No. 4651 of 1982, revoking the leave to granted in Appln. No. 4340 of 1982.

(2.) The appellant herein filed the suit in. C. S, No. 614 of 1982 on the file of the Original Side of this Court praying for a declaration that the appellant and respondent 1 heating are the winners of the first prize under tictet No. A.891076 of the Royal Bhutan Lottery, in respect of the draw held on 2-61982, in the 147th draw and. also the owner. of the amount realised there from by the defendants, viz., towards the shade. of the plaintiff Rs. 2,50,000, standing to the credit of defendant I in defendant 2 bank at Oppanakara. St, Coimbatore, and also for permanent injunction' restraining respondent$ I and 2 herein from in any way dealing, with the amount of Rs. 2,50,000, standing to the credit of defendant 1 in defendant 2 bank at Oppannakara St, Coimbatore.

(3.) According to the plaintiff, be purchased the lottery ticket, in question and entrusted the same with his, wife. On 2-61982, it was known that the: ticket A.891076 of Royal Bhutan lottery had won the first prize. of Rs. - 10,00,000. According to the plaintiff, he and respondent 1 were jointly* carrying on trade in selling lottery -tickets. On 1-6-1992, respondent 1 cam6 ti) the house, of the plaintiff and took the winning ticket' froth the plaintiff's wife, whittle plantain was absent from his house after informing the wife of the plaintiff :that the ticket was wanted for verification as to whether -the said ticket had won the first prize or not. Subsequently, there was a police complaint and finally the money was collected and deposited with respondent 2 herein. It is the further case of the plaintiff that in the mediation the panchayatdars decided to direct respondent I to execute a promissory note for a sum of Rs. 1,75,000 in favour of the plaintiff and settle the dispute subsequently. According to the plaintiff, be has to get half of the prize amount and deducting the sum of Rs. 1,75,000, for which a promissory note as been executed, respondent 1 has to pay the balance of the amount.