BALWAN Vs. REKHA AND OTHERS

JUDGEMENT

(1.) This regular second appeal has been directed against the judgment and decree dated 10.3.2015 passed by the learned Additional District Judge, Rohtak whereby the appeal preferred by the appellant against the judgment and decree dated 22.8.2013 passed by the learned Civil Judge (Junior Division) Rohtak has been dismissed.

(2.) For convenience sake, the reference to the parties is being made as per the status in the civil suit.

(3.) The detailed facts of the case are already recapitulated in the judgments passed by the learned Courts below. However, the necessary facts for the disposal of the present appeal are that the plaintiff belongs to a respectable Brahmin family having good reputation in the society. Defendant No.1 is his real niece and is married to defendant No.2 at village Marodhi. Mother of defendant No.1 died when she was of the age of 2 and 2 1/2 years. Her father got remarried. She was looked after and brought up by the plaintiff and his wife. They also performed her marriage with defendant No.2 and also performed other customary obligations like Chhuchhak etc. There was piece of land in the name of Lachhmi which was inherited by defendant No.1 after the death of said Lachhmi being her sole legal heir. Defendant No.1 decided to sell her 101/539 share measuring 5 kanals 1 marla in the total land bearing 27 kanals situated at Village Assaudha Tehsil Bahadurgarh Distt. Jhajjar in favour of Smt. Kavita wife of Jitender Kumar resident of Bahadurgarh and executed and got registered the sale deed No.5447 dated 26.9.2008 at Bahadurgarh. The plaintiff accompanied defendants No.1 and 2 to Bahadurgarh on their request and thumb marked the sale deed. Defendant No.1 sold her land by her own free will and had got executed the agreement to sell. She executed and got registered the sale deed after receiving the entire sale consideration. The plaintiff had no concern with the said sale price. The defendants started blaming the plaintiff that he had instigated defendant No.1 to sell her land at a low price and had kept the amount more than the consideration allegedly shown in the sale deed. On 19.4.2009 at 12 O'clock in the noon, defendants No.2 to 4 along with Attar Singh came to the house of the plaintiff armed with weapons and gave beatings to him. They also spread the rumour in village Bohar and in their relations about the false allegations that plaintiff has kept the amount of sale consideration illegally that has caused defamation of the plaintiff in the eyes of his family, relatives and society without any reason. Defendant No.1 also made the false complaint to Police Station City, Bahadurgarh against the plaintiff with respect to the misappropriation of the amount of sale consideration at the instigation of defendants No.2 to 4 only to damage the prestige of the plaintiff. The plaintiff and his brother Chand Singh were called to Police Station Bahadurgarh many a times and were threatened to pay the amount as demanded by the plaintiff, otherwise they will be involved in false cases. It was further pleaded that the defendants have caused the act of defamation intentionally without any cogent reason and have made the false report in the police. The defendants were requested to withdraw the allegations and apologize but they did not pay any heed. Hence, the suit for claiming the damages.