JAGANNADHA RAO, J.

( 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.

( 4 ) IT is the case of the plaintiff that during the first week of December, 1972 his purse was lost at Poona market as the same was "pick pocketed" by someone and the plaintiff did not mind the loss as the purse contained some small change and was unmindful of the lottery ticket and did not think of making a police report. But it is admitted that on 18-12-72 the 3rd defendant came to the plaintiffs house and met the plaintiff and enquired about the ticket and ultimately disclosed that the plaintiffs ticket purchased from the 3rd defendants salesman had won the first prize of Rs. 2,50,000. 00 in the 30th draw of the Rajasthan State Lottery on 15-12-1972. The plaintiff felt overjoyed by his luck but was worried about the loss of the ticket. On the advice of the 3rd defendant the plaintiff made a report to the nearest Police Station on 18-12-72 and he later sent a telegram Dt. 19-12-72 to the2nd defendant Director of Lotteries intimating about the loss of the ticket and also requesting him not to pay the prize amount of Rs. 2,50,000. 00 to any other person. The police report is evidenced by Ex. A-1 while the telegram to the Director is marked as Ex. A-2. Later the plaintiff also sent a registered letter Ex. A-4 to the Director on 21-12-72 confirming the telegram and furnishing details about the loss of the ticket. The said letter was received by the Director of Lotteries on 26-12-72 but there was no reply. As there was no response to several reminders the plaintiff issued a registered lawyers notice dated 17-7-73 marked as Ex. A-6 demanding the defendants 1 and 2 to pay the prize amount within a week of the receipt of the said notice. The said notice was received by the 2nd defendant on 17-7-73 but there was no reply. The plaintiff then issued a notice under Section 80 CPC on 5-12-73 which is marked as Ex. A-8. As the plaintiff did not receive the acknowledgment he lodged a complaint to the postal authorities and ultimately he issued a fresh notice under Section 80 C. P. C. on 15-4-74 which is marked as Ex. A-12 and which was issued to the defenda

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