KA BENOY BHUSAN MUKHERJEE Vs. BINA MUKHERJEE

JUDGEMENT

(1.) In this appeal we are concerned with the ownership of a lottery ticket purchased by one Ramani Mohan Mukherjee in the name of his minor daughter Bina Mukherjee. The ticket was issued by the Calcutta Rangers Club and it won one of the 7 first prizes in the Derby Sweep held in England on the 4th of June, 1949. The amount of the prize was Rs. 47,176. After the results of the sweep were published, Ramani claimed the money, from the Rangers Club which advised Ramani to produce a certificate of guardianship regarding Bina Mukherjee because she, the registered holder of the ticket, was a minor. Some correspondence passed between the parties over this matter. Ramani failed to produce the certificate in question and the club refused payment. Thereupon, Ramani brought this suit for declaration of his exclusive right to the lottery ticket as also to the prize money described respectively in Schedules A and B of the plaint.

(2.) The principal defendant in the suit was minor Bina Mukherjee who was at first represented by her brother Benoy Bhusan Mukherjee. The Calcutta Rangers Club was made a pro forma defendant. The members of the executive committee of the Club were also later on made pro forma defendants on the objection of the Rangers Club.

(3.) The suit was separately contested on behalf of minor Bina Mukherjee who was ultimately represented by a Pleader guardian and by the Rangers Club. The defence of the Club is no longer material because in the appeal before us it was stated on behalf of the Club that it would pay the money to the person or persons declared by the Court to be entitled to the money.