THANGAVEL UDAYAR Vs. R K RAJU MUDALIAR

JUDGEMENT

(1.) DEFENDANT in O.S.No.52 of 1978 on the file of District Munsif, Kallakurichi, is the appellant in the above appeal. The respondent, plaintiff in the said suit filed the same for recovery of Rs.2,500 being the expenses and damages by way of defamation.

(2.) THE case of the plaintiff as seen from the plaint is briefly narrated hereunder: THE plaintiff is a pawn broker. He is carrying on his business as "Murugan Financiers" at Kallakurichi. He belongs to a respectable and noble family. THE defendant has lodged a false complaint against the plaintiff before the Sub Inspector of Police, Kallakurichi, on 27.7.1976 under Secs.406,420 and 120(B), I.P.C. THE police have registered a criminal case against the plaintiff in Crime No.648 of 1976. On account of the complaint, the plaintiff has to obtain anticipatory bail from the Sessions Judge, Cuddalore, and the plaintiff attended the Court of Judicial Sub Divisional Magistrate at Ulundurpet for a number of hearings. Finally the complaint was referred by the Station House Officer, Kallakurichi, as mistake of fact on or about 27.4.1977. THE plaintiff underwent much mental agony, and he has spent more than Rs. 1,500 for his release. He values damages at Rs. 1,000 and therefore he prays for a decree as claimed.

(3.) PLAINTIFF himself was examined as P.W. 1 and he has produced and marked Exs.A-1 to A-8 in support of his case. On the other hand, the defendant has neither examined any one in support of his case nor marked any document. The learned District Munsif, after framing necessary issues and in the light of the evidence available on record, dismissed the suit. Against the dismissal of the suit, the unsuccessful plaintiff filed appeal in A.S.No.294 of 1981 before the Sub Court, Vridhachalam. The learned Subordinate Judge after re-apprising the whole evidence, disagreed with the findings of the trial court, allowed the appeal and decreed the suit as prayed for.