DHARMARAJA Vs. CHINNATHAMBIA PILLAI (DIED) AND ORS

JUDGEMENT

(1.) This appeal is preferred by the defendant against the concurrent findings of the courts below.

(2.) The Plaintiff filed a suit before the District Munsif Court, Sankarankoil claiming damages. The plaintiff's case is: That the plaintiff is a tenant and is running lea-Hotel in the building bearing Door No. 3, North Car Street, at Sankarankoil. It belongs to the defendant. The defendant sent a notice to the plaintiff calling upon him to vacate the building. The plaintiff after receipt of the same has sent a suitable reply. Thereupon the defendant filed R.C.O.P.No. 3 of 1978 on the file of District Munsif Kovilpatti for eviction. The plaintiff filed a counter and contested the petition. On 27.3.1980 the plaintiff herein was examined in K .C.O.P.No. 3 of 1978. During cross examination the counsel for the defendant put certain questions. The questions put were annoying, shocking and disturbing to the plaintiff. On the objection of the plaintiff the Presiding Officer refused to record the questions. The imputations contained in the said questions are false and baseless. The questions have been put with a view to defame the plaintiff in public. The plaintiff has five daughters of them only the eldest has been married. The next two daughters have attained age of puberty. They are under the care and protection of the plaintiff. By imputing immoral character to the plaintiff the defendant has caused irretrievable harm to the plaintiff and his daughters. The questions were put deliberately to harm the plaintiff and his daughters. The questions have caused mental pain and sufferings. On account of such questions their reputation has suffered. The plaintiff has been treated with contempt. Therefore, the defendant is liable for damages.

(3.) The defendant pleaded as follows: