HARNEK SINGH Vs. SADHU SINGH

JUDGEMENT

(1.) This regular second appeal has been filed against the judgment and decree passed by Additional Civil Judge (Senior Division), Samrala decreeing the suit filed by Sadhu Singh Dard (since deceased) and his son Kamaljit (Kanwalit) Singh claiming damages for the loss of reputation, integrity of plaintiffs as well as their family.

(2.) The case of the plaintiff, in brief, is that Sadhu Singh (since deceased) was a freedom fighter, who had participated in the freedom movement and suffered imprisonment a number of times during British rule over India. He was honoured as Freedom Fighter by the Central and State Governments. His name was entered at serial No.62 in the list of Freedom Fighters of Ludhiana District and he was presented a 'Tamar Patra' on 15.08.1972 by the then Prime Minister of India. He was also getting the pension and other facilities allowed to the freedom fighters by the Central and State Governments. Plaintiff No.2 is the son of plaintiff No.1 and their family hold high respect in the village, locality, State, whole of the country and abroad. The residents of that area feel pride that son of their village had been held in high esteem by the Central and State Governments.

(3.) Defendants No.1 and 2 with intention to defame the plaintiffs and their family members, made baseless complaint/application to Chief Director, Vigilance causing imputations and aspersions on the integrity and reputation of plaintiff No.1, which was supported by affidavit, attested by defendant No.3 levelling the allegations that Sadhu Singh plaintiff No.1 had never participated in any freedom movement or had undergone any imprisonment. He was termed as fraudester, who was getting pension and other facilities from the Government claiming himself to be a freedom fighter.