SWARAN DEEPAK RAINA Vs. SAVITRI DEVI

JUDGEMENT

(1.) All the three appels arise out of a common judgment and order passed by the learned Single Judge on 3rd September, 1999 in OMPs 81 to 84 of 1999, 206 and 207 of 1999 in Civil Suit No. 29 of 1998.

(2.) The facts giving rise to the present appeals may now be briefly stated.

(3.) Smt. Savitri Devi respondent No.-1 in OSA No. 26 of 1999 was the original plaintiff in Civil Suit No. 29 of 1998. She filed that suit against four defendants (appellant of O.SA No. 26 of 1999, appellants of OSA No. 16 of 2000 and appellant of OSA No. 17 of 2000). It was the case of the plaintiff that she belonged to village Bharmour where she had having her property. Her husband was M.L.A. from Bharmour who enjoyed good reputation in the surrounding area. The plaintiff possessed educational qualifications of B.A., B.Ed and by virtue of those qualifications she was appointed in Education Department. At the relevant time she was working as Project Officer, Adult Education at Chamba. Before her husband was elected as M.L.A., he was holding the post of Chairman Block Development Committee since 1982. He also held the post of Chief Parliamentary Secretary in December, 1989. According to her all the four defendants falsely and deliberately with a view to adversely affect the reputation of the plaintiff published an article in a periodical, 'Chamba News Weekly' in its issue dated 22nd to 28th September, 1997 and again in an issue dated 1st of November to 7th of November, 1997 making false allegations against the plaintiff. Those allegations were made against the plaintiff intentionally, with a view to defame her and tarnish her prestige and reputation in the society. Defendant No.1 published that article at the behest of defendant No. 2 who was President of the Gram Panchayat Bharmour, defendant No. 3 Vice President of Gram Panchayat Bharmour and defendant No. 4 President of Gram Panchayat Sachuin, Tehsil Bharmour. All of them were therefore, liable to pay damages of Rs. 10 lacs.