BHARATH KUMAR Vs. VALARMATHI

JUDGEMENT

(1.) Suit for recovery of a sum of Rs.1,47,66,139/- with interest. The second plaintiff is the mother of the 1st plaintiff. The 1st defendant is the wife of one K.A.S.Sekar, who was running the lottery business in the name of K.A.S.Sekar Lottery World, Madurai. The 2nd defendant was appointed as the sole selling agent of the Lottery Tickets by the Government of Tamil Nadu under G.O.Ms.No.318 dated 25.09.2002. Pursuant to the same, the second defendant who was carrying on business in lottery tickets in Madurai and agreed to appoint the first plaintiff as a sole selling agent for two digit lottery tickets for Chennai District. On that premise, the second defendant and the said K.A.S.Sekar had advised the plaintiffs to deposit a sum of Rupees One Crore. On the basis of the said understanding, it is averred that the second plaintiff had paid a sum of Rs.87,00,000/- with the second defendant. Subsequently by G.O.Ms.No.20 Home (Courts)-II, Dept. dated 08.01.2003, the State Government prohibited the sale of lottery tickets in Tamil Nadu. Therefore, the contract did not come through the first plaintiff was not appointed as a sole agent. Hence, the plaintiffs sought for refund of the monies paid by them.

(2.) On 09.07.2003, the husband of the second defendant, viz. K.A.S.Sekar has admitted that the plaintiffs have paid a sum of Rs.87,00,000/- and agreed to repay the same. It is also claimed that the defendants paid a sum of Rs.36,00,000/- by way of seven cheques during October-November 2004. It is stated that the husband of the second defendant, viz., K.A.S.Sekar died in 2006. Thereafter, on 107.2006, the second defendant along with the defendants 1 and 3 to 6, executed an agreement agreeing to repay a sum of Rs.51,00,000/-. Since the said sum of Rs.51,00,000/- was not repaid despite several demands the plaintiffs have come forward with the above suit.

(3.) The 3rd defendant has filed a written statement raising various contentions.