HET RAM Vs. MADAN GOPAL @ MADAN LAL

JUDGEMENT

(1.) THIS judgment shall dispose of two appeals being RFA No. 136 of 1996 and RFA No. 153 of 1996 as they arise out of a common judgment passed by the learned Additional District Judge, Shimla in Civil Suit No.120-S/1 of 1985/87 decided on 8.8.1996.

(2.) MADAN Gopal, hereinafter referred to as the plaintiff, filed a suit for recovery of Rs.2,05000/- against Het Ram and Hem Raj, hereinafter referred to as the defendants, on the ground that the defendants by falsely implicating him in a criminal case had caused great harm and loss to him. Rs.5000/- was claimed as cost of defending the prosecution; Rs.50,000/- was claimed on account of loss of business and loss of reputation and Rs.1,50,000/- for physical and mental agony and torture i.e. Rs.2,05,000/- in all.

(3.) THE police started investigation and was about to close the case as untraceable. Thereafter as per the plaintiff, the defendants 1 & 2 without any rhyme and reason and with malicious intention to harm the reputation of the plaintiff, made false allegations in the supplementary statements dated 8.7.1985 and 9.7.1985, respectively.