MANISH VYAS Vs. BRAHM SINGH PARIHAR

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree dated 20.08.1996 passed by Addl. District Judge No.1, Jodhpur in Civil Regular Suit No.40/91 whereby a decree has been passed against the appellant defendant for Rs.18,000/- along with interest as damages for causing defamation to the respondent plaintiff Shri Brahm Singh Parihar.

(2.) Briefly stated the facts giving rise to the appeal are that the plaintiffs Shri Brahm Singh Parihar and Dr. Chiman Singh, both the sons of Shri Mangal Singh filed a suit for damages alleging that defendant No.1 Shri Manish Vyas, who is Chief Editor and Publisher Printer for daily newspaper "lk{; nSfud rhljk izgj]", published a news on dated 25.2.1991 titled as "Hkktik usrk us 60 yk[k dh tehu nckbZ". As alleged in the plaint, this news caused defamation to the plaintiffs stating therein that by removing the huts situated on the land, they have grabbed the land of 100 ft. wide road by misusing their position. As alleged, the news was completely baseless and wrong as father of plaintiffs Shri Mangal Singh was in possession of the land as Khatedari tenant since Samvat 2008. Plaintiff No.1 was a senior BJP leader having a very esteemed position and plaintiff No.2 was a responsible Government officer. The news blemished their image and adversely effected their reputation. Thus, a suit was filed for damages to the tune of Rs.1,00,000/-.

(3.) Allegations made in the plaint were refuted by filing written statement.