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1988 Supreme(Ker) 237

JOHN MATHEW
KURIAKOSE – Appellant
Versus
JOSEPH – Respondent


Judgment :-

1. Defendants 2 and 3, who are hereinafter referred to as the defendants, are the revision petitioners. The suit is filed by the 1st respondent herein, who is hereinafter referred to as the plaintiff. The 2nd respondent is the 1st defendant. In this C. R. P. he is only a formal party. The reliefs prayed for in the plaint are as follows: (a) Declaring that the plaintiff is the owner of the Lottery Ticket No. AP 541855 (Kerala Bhagya, Mala) and that it belongs to him absolutely, (b) Consequently restraining the 1st defendant, his agents or men by a permanent prohibitory injunction from disbursing the first prize in Kerala Bhagya Mala Lottery drawn on 12-2-1987 at Kasaragod in respect of Lottery Ticket No. AP 541855 to the 2nd and 3rd defendants or restraining the said defendants from collecting the said amount in any manner whatsoever. Relief (c) is in respect of costs and (d) in respect of incidental reliefs.

2. Lottery Ticket No.AP 541855 (hereinafter referred to as the Lottery Ticket) won the first prize of Rs. 7,00,000/- in the draw held on 12-2-1987. Defendants claimed the prize producing the Lottery Ticket. It was under those circumstances the plaintiff filed this su
















































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