SPECIAL SECRETARY TO GOVERNMENT OF RAJASTHAN Vs. VEDAKANTARA VENKATARAMANA SESHAIYER

JUDGEMENT

(1.) The appellants are defendants 1 and 2. The Respondents are the plaintiff, 3rd defendant and the 4th defendant. The suit has been filed by the 1st respondent for recovery of the sum of RS. 2,34,750.00 and subsequent interest and costs. The Court below granted a decree against defendants 1 and 2 to pay to the plaintiff the said sum of Rs. 2,34,750.00 with subsequent interest at 6% P. A. on Rs. 2,25,000.00 from 27-8-1974 on which date the suit was filed till payment and costs.

(2.) The State of Rajasthan which is the 1st defendant sponsored a welfare scheme of State Lotteries and appointed the 2nd defendant, the Director of Small Savings as the Director of State Lotteries. The lottery tickets were being sold by the State of Rajasthan in most of the States in India though agents and sellers. The 3rd defendant, one. Banka Pydithalli is a resident of Vijayanagaram in Andhra Pradesh and is a dealer in lottery tickets under the name and style of Sri Venkateeswara Lucky Prize Center, vijayanagaram. Details of the prize structure, bonus offered to the agents and sellers of each draw are printed on the reverse of each ticket. A specimen ticket containing particulars relating to the 30th draw was filed along with the plaint.

(3.) The plaintiff purchased one Rajasthan State Lottery ticket No. D-8400618 of the 30th draw to be held on 15-12-1972 from one D. Sudarsana Rao, who was an employee of the 3rd defendant at Welcome Lodge, Vishakapatnam- 1/11/1972. The said Sudarsana Rao asked the plaintiff to furnish his address after taking one rupee from the plaintiff and the plaintiff gave his address as V. V. Sesha Iyer, door No. 25-21-4, Chagantivari Street, Visakhapatnam-1. There is no dispute that the said salesman noted the above address on the counterfoil of the ticket in Telugu. The ticket was handed over to the plaintiff which, according to him; was kept in his purse.