M N SASIKUMAR Vs. P N GOPINATHAN NAIR

JUDGEMENT

(1.) The defendant has filed this appeal challenging the judgment and decree dated 7.6.1997 of the Sub Court, Kottayam in O.S.832/91. The court below has, decreed the suit, awarding an amount of Rs.10,000/- as damages to the plaintiff with future interest thereon at the rate of 6% per annum. The defendant has filed this appeal challenging the judgment and decree. Being dissatisfied with the quantum of damages awarded, the plaintiff has preferred cross objections. The parties are referred to herein, in the manner in which they are arrayed in the suit. The facts of the case are summarized as under.

(2.) The plaintiff is working as the Superintendent of the Mechanical Workshop Division of Messrs. Hindustan Newsprint Limited. He holds a respectable and responsible position in the company. The defendant, a neighbour of the plaintiff is not on good terms with him. There were disputes between them in connection with the putting up of a boundary fence to the plaintiff's property. The plaintiff had approached the Police also for necessary redressal. Out of animosity nursed by the defendant against the petitioner, it is alleged that he had made a false complaint to the Managing Director of Messrs. Hindustan Newsprint Limited. The defendant in his complaint alleged that the plaintiff had taken a bribe of Rs.15,000/- from him assuring that he would secure a job for the defendant as a typist in the company. However, he did not secure the job as promised. He also did not return the money that was received by him. He has further alleged that the plaintiff had received bribes from various other persons also.

(3.) According to the plaintiff, the allegations were all false and baseless and intended only to malign and destroy the fair name, dignity and prestige of the plaintiff. The allegations were actuated by the malice that the defendant had against him.