R.B. ONKARJI KASTURCHANDJI Vs. SURESH SETH

JUDGEMENT

(1.) THE aforesaid two appeals are connected matters as they arise out of the same judgment and decree dated 15.6.1982 rendered by the District Judge, Indore in C.O.S. No. 11 -A of 1974. The suit was filed for recovery of damages quantified at Rs. 87,00,000 -00 and for perpetual injunction by the appellants -plaintiffs of First Appeal No. 69 of 1982. The Trial Court on evaluation of the evidence passed the decree only for Rs. 7,500 -00 in favour of appellant No. 2 (Deokumarsingh Kasliwal); No. 3 (Ajitkumarsingh Kasliwal); and No. 4 (Pradeepkumar - singh Kasliwal) in equal proportion. The remaining part of the suit was dismissed. Against the part of the decree dismissing the suit, the appellant -plaintiffs filed First Appeal No. 69 of 1982; whereas the defendants filed First Appeal No. 59 of 1982 against the part of the decree fixing the liability of Rs. 7,500 -00 as noted above.

(2.) THIS twenty -two year's old litigation, resting on the linchpin of alienation of JUNA RAJWADA, Indore by Usha Trust to M/s R.B. Onkarji Kasturchand (Plaintiff -appellant No. 1) vide sale -deed dated 19.8.1974 (Ex. P/1) on apparent consideration of 15 lakhs, prone to bruise the sentiments of residents and fraught to cause annoyance, services as a reminder of what Apex Court observed on 15.4.1988 in Criminal Misc. Petition No. 260 of 1988 (P.N. Duda v/s. P. Shiv Shankar and others) that "Justice cries in silence for long, far too long. The procedural wrangle is eroding the faith in our justice system".

(3.) IN focus of prized privilege and freedom of critcism, we turn to factual matrix. Tersely stated facts of the case are that respondent No. 1 is Managing Director of M/s Associated Printers and Publishers (Private) Limited and the aforesaid concern carried on the business of Publication of daily newspaper called on the business of publication of daily news -papers called INDORE SAMACHAR". Respondent No. 3 printed the aforesaid news -paper daily at Indore. The appellant (plaintiffs) owned and possessed the property known as "JUNA RAW ADA" Indore in the name and style of 'M/s R. B. Onkarji Kasturchandji Properties; (Appellant No. 1). They purchased the aforesaide JUNA RAJWADA PALACE from the Trustees of the private trust known as 'Princess Usha Trust' by a registered sale -deed. Respondents mounted a virulent and systematic campaign against the appellants which constituted defamation into he eye of law through their news -paper "INDORE SAMACHAR" from 19.8.1974 onwards with the object of lower the appellants in the estimation of right thinking members of society. The publications tended to bring the appellants into hatred contempt or ridicule. The imputations were to the effect that the appellants paid unaccounted or black money in the transaction of purchase of the aforesaid property. The appellants are well known residents of Indore. On the ground of aforesaid publications, branded as defamatory, appellants filed the suit to obtain compensation. The respondents traversed the allegations and took the defence of umbrella, deeming it protective of freedom of speech. They averred that they did not intend to defame the appellants but attempted to join with the feelings of several other residents of Indore to raise voice against the transaction in public interest. They took the stand that the suit was false and fravolous and filed with the sole object of harassing and terrorising them. They, therefore, claimed dismissal of the suit with compensatory cost of Rs. 1,50,000 -00. On pleadings of the parties, the Court below framed as many as 32 issues. The parties led evidence. On evaluation of the evidence, the trial Court dismissed the suit in major part and passed the decree of Rs. 7,500 -00 only in favour of three appellants, as noted above. This judgment and decree dissatisfied both the sides, as a result of which both the sides filed the appeals as particularised above under Section 96 of the Code of Civil Procedure.