BOREGOWDA Vs. C D DEVAIAH

JUDGEMENT

(1.) THE defendants challenge the grant of decree of damages of rs. 1,000-00 granted by the Courts below on rendering on concurrent finding of facts.

(2.) THE damages came to be claimed by the plaintiff on the ground that a notice of partition issued on 20. 12. 1985, the defendants replied calling the plaintiff is a cheat and he has been involved in many cheating cases and suffered imprisonment and he is having bad character addicted to bad habits and involved in antisocial activities. The above statements have created mental agony to the plaintiff and his reputation is badly affected in the society and the reply notice has been given due publication and the allegations made therein are all false and are made with an intention to defame the plaintiff in the eye of public and thus they had badly affected his reputation and status in the society and therefore the plaintiff is claiming damages of Rs. 1,000 from the defendants.

(3.) DENYING the allegation made and amount mentioned therein and the notice was not intended damage the reputation of the plaintiff and to undermine his prestige and that there is no publication as alleged by the plaintiff and it is strictly confidential, the same will not amount to damages for defamation.