The instant regular second appeal arises out of the judgment and decree dated 27th August, 2001 on the file of the I Additional District Judge, Dakshina Kannada, Mangalore in RA. No. 22 of 2000 dismissing the appeal and confirming the judgment and decree dated 4th July, 2000 in O.S. No. 127 of 1994 on the file of the Principal Civil Judge (Senior Division), Mangalore.

2. The instant appeal is filed by the plaintiff-appellant on the basis that, he is the seller of lottery tickets of various States in his shop run under the name and style ‘M/s. Ganesh Lottery House’. The fourth defendant ('fourth respondent' herein) - State of Goa sells lottery tickets under the name 'Jai Mathru Bhoomi' and first defendant ('first respondent' herein) is the organiser of the lottery tickets 'Jai Matnru Bhoomi' of the fourth defendant. The case of the plaintiff-appellant is that he purchases lottery tickets of various States inclusive of 'Jai Mathru Bhoomi' tickets of fourth defendant organised by the first defendant from M/s. Lakshmi Venkatesh Agency of which, one Sri Vaman Pai is the proprietor. The said Sri Vaman Pai is a stockist of tickets of 'Jai Mathru Bhoomi' also. As per the rules and