GOVIND SHANTARAM WALAVALKAR Vs. PANDHARINATH SHIVRAM REGE

JUDGEMENT

(1.) The present appeal unfolds a tragic tale of two friends showing that not only their initial friendship was fragile but after falling apart, one of them resorted to accusations shown to be false against the other. The case has its own sensitive facets both of fact and law. Those arise this way.

(2.) The appellant filed a suit in tort seeking to recover compensation for defamation against the defendant. The act of defamation is the report (Ex. 35) lodged with the Police Station. Ambernath, on 25th March, 1972. That alleged that the plaintiff was distilling alcohol and liquor in his house and was thus indulging in commission of cognisable offences. This information given to the police has been found to be false to the knowledge of the maker of the report.

(3.) On the basis of the report, the Ambernath Police proceeded to the house of the plaintiff and while the plaintiff was absent and only female folk of the family were there, the police subjected the house to search and found nothing incriminating. Consequently, the police investigation was closed and the matter was dropped. It is an admitted position that in the conduct of the police search of the house of the plaintiff, the defendant actively associated himself, in that not only he was present along with the police party, but he acted as a police panch. The allegations contained in the report leading to the house search were of such character that the same, according to the plaintiff, caused all sorts of embarrassment and he and his family were defamed thereby. All that affected the reputation of the plaintiff, lowering him in the eye of the members of the society. The plaintiff thereafter issued notice and eventually moved the Court by filling the suit for recovery of damages.