BALRAM Vs. NIRBHAYRAM

JUDGEMENT

(1.) Being aggrieved by the judgment dated 26.8.2006 passed by 1st Addl. District Judge, Jaora, District Ratlam in Civil Suit No. 14-B/2003, whereby suit filed by the respondent was decreed directing appellants to pay Rs. 60,000.00 present appeal has been filed.

(2.) Short facts of the case are that respondent filed a suit on 18.9.2003 against the appellants alleging that respondent No. 1 is the husband of respondent No. 2 and father of respondents No. 3 to 5. It was alleged that appellant No. 1 is the father of appellant No. 2 and 3. It was alleged that the land bearing survey No. 490/2 situated at village Kerwasa, Tehsil, Jaora belonges to the appellants. It was alleged that there is a dispute between the parties relating to right of way, which is pending before Tehsildar Jaora under the provisions of M.P. Land Revenue Code in which 6.8.2003 was the date fixed. It was alleged that to create pressure a false complaint was lodged on 23.9.2002 at PS. Ratlam by the appellants upon which case was registered against the respondents under section 107 CrPC. It was alleged that appellants also filed a private complaint against the respondent in the Court of JMFC, Jaora for an offence punishable under section 3 (1) (x) (xiv) of SC, ST Act on 26.1.2001 and examined appellant No. 1 Balram, Appellant No. 2 Radheshyam, appellant No. 3 Badrilal, Hanumantsingh, Bagdiram, Nirbhayram and Rajendra Kumar alleging that on 15.5.2001 at about 8.00 a.m. respondents abused the appellants in the name of their caste. Upon the complaint case was registered against the respondents at Crime No. 381/2001 vide order dated 1.8.2001 and arrest warrants were issued against the respondents. It was alleged that the case was fixed for appearance of respondents on 14.10.2001 and case was committed to the Court of Special Judge vide order dated 22.1.2001, which was registered as Special Case No. 5/2002. It was alleged that respondents filed two petitions before this Court against the order, whereby the cognizance of the offence was taken, which was numbered as CrRNo. 495/2001 and 736/2001, whereby vide order dated 13.12.2001 operation of the order of arrest warrants was stayed and the respondents were directed to furnish security bonds for an amount of Rs. 5,000.00. It was alleged that thereafter vide order 14.12.2002 respondents were discharged as it was found by the Court that no offence under section 3 (1) (x) (xiv) of SC, ST Act was made out. It was alleged that respondents are the members of reputed family and respondent No. 2 is an elected member of Krishi Upaj Mandi while respondent No. 1 is the President of M.P. Bhartiya Kisan Sangh. It was alleged that right from beginning appellants were knowing that the complaint lodged by the appellants is false. It was alleged that since there was dispute of right of way, therefore, false complaint was lodged by the appellants. It was alleged that because of the false complaint, respondents were defamed. It was alleged that because of the false complaint respondents were required to appear before learned JMFC and also before Special Judge from 1.8.2001 to 14.12.2001 on 20 occasions. It was alleged that respondents have spent Rs. 60,000.00, for which decree was prayed, break-up of which is as under :

(3.) Suit was contested by the appellants by filing written statement, wherein plaint allegations were denied. It was denied that complaint lodged by the appellants was false. It was denied that any amount was spent by the respondents. It was denied that because of the complaint reputation of the respondents was damaged. It was prayed that suit be dismissed.