IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 AS.No. 134 of 1998(C) --------------------- OS.1172/1994 of PRINCIPAL SUB COURT, ERNAKULAM .................... APPELLANT(S): DEFENDANTS -------------- 1. THE POST MASTER GENERAL, KERALA CIRCLE, POST MASTER GENERAL'S OFFICE, TRIVANDRUM. 2. THE POST MASTER, HEAD POST OFFICE, ERNAKULAM. 3. THE SENIOR SUPERINTENDENT OF POST OFFICES, ERNAKULAM. BY ADV. SMT.NARAYANIKUTTY CHETTOOR SRI.N.NAGARESH, ADDL.CGSC SRI.JOHN VARGHESE, SCGSC SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR RESPONDENT(S): PLAINTIFF --------------- ABHAS ALI, ISAK HOUSE, OPPOSITE TO PRATHIBA TRAINING CENTRE, SHANTHI NAGAR, THEVARA, COCHIN. ADV. SRI.JOSEPH A.VADAKKEL SRI.GEORGE KARITHANAM VARGHESE FOR SRI.V.J.JOHN FOR SRI.C.I.ABRAHAM FOR THIS APPEAL SUIT HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.Q. BARKATH ALI, J. -------------------------------------- A.S.No.134 of 1998 -------------------------------------- Dated: AUGUST 20, 2009 JUDGMENT The defendants in O.S.1172 of 1994 of Sub Court, Ernakulam, are the appellants in this appeal. The suit was for a declaration that the six Indira Vikas Pathras, the details of which are mentioned in the plaint, belonged to the plaintiff and also for a permanent prohibitory injunction restraining the defendants from disbursing the amount of the same to any other person. The lower court has decreed the suit. The defendants have now come up in appeal. 2. The case of the respondent/plaintiff as stated in the plaint and as testified by him as P.W.1 before the lower court in brief is this: On January 3, 1990 plaintiff purchased six Indira Vikas Pathras, the details of which are mentioned in the plaint, from the Head Post Office, Ernakulam, which will mature on January 3, 1995. The face value of the Indira Vikas Pathras is Rs.15000/- and the maturity value is Rs.30,000/-. This Indira Vikas Pathras were irrecoverably lost from the hands of the plaintiff. The plaintiff has reported the matter to the police. A.S.No.134 of 1998 2 His request to issue duplicate was rejected by the 2nd defendant, the Post Master, Head Post Office, Ernakulam, stating that there is no provision for issuing duplicate. Therefore the plaintiff prayed for a declaration to the effect that the Indira Vikas Pathras in question belonged to him and that the defendants may be directed to pay the maturity value of the same to the plaintiff. 3. The appellants/defendants are the Post Master General, Kerala Circle, Post Master General's Office, Trivandrum, the Post Master, Head Post Office, Ernakulam and the Senior Superintendent of Post Offices, Ernakulam. They filed a written statement contending that there is no provision for issuing duplicate for lost or mutilated Indira Vikas Pathras and that the defendants are prepared to comply with the directions issued from the court in the matter of encashment of Indira Vikas Pathras. 4. The plaintiff was examined as P.W.1. He produced Exts.A1 to A3 before the lower court. No evidence was adduced by the defendants. The lower court on an appreciation of evidence found that the Indira Vikas Pathras in question belonged to the plaintiff and decreed the suit with costs. A.S.No.134 of 1998 3 5. Heard both counsel. 6. The only question which arises for consideration is whether the plaintiff has proved that the Indira Vikas Pathras in question belonged to him and if so, whether the same has been irrecoverably lost. The plaintiff as PW.1 testified in a convincing manner in terms of the plaint. He gave the numbers and details of the Indira Vikas Pathras belonging to him. Nothing was brought out to discredit his evidence in cross-examination. That apart, there is no contra evidence from the side of the defendants. He has given details of the Indira Vikas Pathras in the plaint. So far nobody has claimed the said Indira Vikas Pathras. That being so, the conclusion is irresistible that the said Indira Vikas Pathras belonged to the plaintiff. Therefore, the plaintiff is entitled to the maturity value of the same. Thus, the lower court is perfectly justified in granting a decree as prayed for. For all these reasons, confirming the decree of the lower court the appeal has to be dismissed. 7. In the result, the appeal is dismissed with costs. The appellant/defendant shall encash the Indira Vikas Pathras in question and pay the amount to the respondent/plaintiff within A.S.No.134 of 1998 4 two months from this date, failing which the plaintiff is entitled to interest at the rate of 15% per annum from this date till realisation. It is seen that the lower court has directed the 2nd defendant, the Post Master, Head Post Office, Ernakulam to deposit the amount under the said Indira Vikas Pathras on maturity in fixed deposit for a period of two years and that the 2nd defendant shall keep the fixed deposit receipt in safe custody after noting the lien to the 2nd defendant. If the 2nd defendant has done the same, he shall encash the fixed deposit receipts and pay the amount to the plaintiff. P.Q. BARKATH ALI, JUDGE mt/-