KEDUTSO KAFPO Vs. KENEINGULIE

JUDGEMENT

(1.) THIS appeal has been preferred against Judgment and order passed by Shri L.K. Achumi, learned Additional Deputy Commissioner (Judicial) Kohima in Civil Suit No. 1 of 1991 filed by the present Respondent for damages for alleged defamation and libel. The said suit was filed in respect of an alleged defamatory letter dated 7th August, 1990 written by the Appellant/Defendant to the Joint Commissioner, Ministry of Agriculture and Rural Development, Govt. of India, New Delhi. The said alleged defamatory letter was written by the Appellant at Mysore and the destination was Delhi where it was received by Shri V.P. Singh, Joint Commissioner, Soil and Water Conservation Division, Department of Agriculture and Rural Development.

(2.) IT appears the Appellant while on a visit in Nagaland received some complaint from some farmers of Phek District. As the Appellant was of the view that although he was incompetent to take any action from his end since the matter appeared to be important this matter was brought to the notice of the Joint Commissioner. The concluding line of the letter dated 7 -8 -1990 is as follows:

(3.) THE reason why the Appellants contention was rejected by the learned Court of Additional Deputy Commissioner (Judicial) at Kohima is because the learned Addl. Deputy Commissioner (Judicial) came to the conclusion that the alleged defamatory letter was published in Delhi as well as at Kohima. This conclusion was arrived at because of the fact that consequent upon the letter written by the Appellant to the Joint Commissioner bringing to his notice certain complaints made by some fanners of Phek District as stated above, a letter was written by one Y.P. Yadav on 11 -9 -90 to the Chief Secretary, Nagaland informing him that certain complaints had been received from the fanners of one of the projects in Phek District of the Slate of Nagaland. As such a request was made to take immediate action and to intimate the Department to provide redressal. On receipt of the aforesaid letter from Delhi, the Commissioner & Secretary, Govt. of Nagaland, Agriculture Department was requested to take necessary action at an early date. This letter was written by one G.V. V. Sarma, Under Secretary on 19th October, 1990.