ARUL PRAKASAM Vs. P.PALKANI

JUDGEMENT

(1.) The appeal is directed against the Judgment and Decree passed in A.S.No.23 of 2012, by the learned II Additional District Judge , Thoothukudi, in confirming the Judgment and Decree in O.S.No. O.S.No.172 of 2007, passed by the learned Subordinate Judge, Thoothukudi.

(2.) For the sake of convenience, the parties are referred to as, as described before the trial Court.

(3.) The case of the plaintiff, as per the averments made in he plaint, in short, is as follows : The plaintiff had filed a suit against the defendant in O.S.No.75 of 2005, on the file of the District Munsif Court, Sathankulam, seeking injunction. The plaintiff had filed an I.A.No.335 of 2005 for restoration of the suit, which was dismissed for default. The defendant filed a counter for the same on 29/6/2007, in which, the defendant levelled certain allegations, which are scandalous and defamatory. The defendant alleged in the counter in I.A.No.335 of 2006 that the plaintiff is doing real estate and money lending business and also performs 'Katta Panchayat' regarding the property dispute, who has got money power and muscle power and as predominantly in the said area. The allegations are totally irrelevant to the issues in the suit or the petition. Thereby, the defendant spread derogatory and defamatory to the Judge, O.T. Clerk, Advocate Clerks and other connected with Court work and general public. The plaintiff was working as Headmaster in a Higher Secondary School and had obtained Doctorate in Tamil. The defendant, by filing such counter, spreading malicious allegations against the plaintiff and therefore, the plaintiff had been gravely injured in his credit and reputation and had been brought to odium and contempt in the eyes of the public and thereby suffered pain and humiliation. Quantifying the damages claimed by him at Rs.10,00,000.00, the plaintiff sought a decree of court in his favour for the said sum. The plaintiff had issued a Lawyer's Notice, dtd. 26/9/2007, demanding the above said sum. The defendant received the same on 27/9/2007, but he had not chosen to pay the amount. On account of the financial constraints, the plaintiff restricts his claim to Rs.2,00,000.00 (Rupees Two Lakh only). Hence, the suit was filed for recovery of damages of Rs.2,00,000.00 (Rupees Two Lakh only) from the defendant.