M JAINOON Vs. M AMMANULLA KHAN

JUDGEMENT

(1.) This Second Appeal is directed against the judgment of the learned District Judge, Madurai in A. S. No. 231 of 1984 in reversing the judgment of the learned District Munsif, Ramanathapuram, in O. S. No. 311 of 1980. The defendant in the suit is the appellant in the above Second Appeal.

(2.) The plaintiffs filed the suit for recovery of a sum of Rs. 5,000/- towards damages arising out of alleged defamation, mental agony and medical expenses. According to them they belong to Muslim community and are members of the Periapatnam Jamath. Jalal Jamal Pallivasal in Periapatnam is under the administration of Jamath. It is under the administration and management of the Jamath. Memebers of Jamath would elect a committee and the present committee consisting of 11 members was functioning from 3-8-1978. Though the committee was unregistered from time immemorial, the committee was administering the Pallivasal and its properties. The first defendant is the Secretary of the Committee. The first plaintiff is a very well to do person at Periapatnam and plaintiffs 2 to 5 are his sons. All of them are well educated and held in high esteem and respect among all the villages of Periapatnam and other surrounding areas. The first plaintiff had arranged for the marriage of his daughter and the marriage ceremony was also fixed to be celebrated on 21-8-1980 at about 9.30 a.m. to 12.00 noon. Invitations were also distributed to all friends and relatives. The usual customary practice in the village was that the marriage register maintained by Jamath Committee would be brought to the residence or the place where the marriage is being celebrated. The Marriage Register as well as other records of the Pallivasal are always in the custody of Secretary, the defendant. For the said purpose of registering the marriages, charges will be paid and the Secretary was bound to send the register at the time of marriage for due registration. The requisite charges were paid by the first plaintiff for the marriage of his daughter on 15-8-1980 itself and receipt No. 191 had also been issued by the defendant as Secretary. The plaintiffs had requested one Abdul Kafoor Alam Sha who was the President of Ramnad District Jamath and a very respectful person of the Committee and who was invited by all the Muslims in the area for presiding over most of the marriages to conduct his daughter's marriage. But the defendant had suggested that the plaintiffs should invite one Samsudin Lebbai, brother of Abdul Kafoor Alam Sha. The plaintiffs did not agree for the said suggestion. The bridegroom's family had also insisted that only Abdul Kafoor Alam Sha should be invited and later the defendant also agreed to bring the Marriage Register. But contrary to the understanding, on 21-8-1980 when all the parties were waiting for the ceremony, the first defendant did not bring the Marriage Register. Even though many persons were sent out to meet the defendant, he was not to be found and he had absconded and was not at all available in the village. The Marriage Register was also not available even after waiting and search. This resulted in the plaintiffs not being able to perform the marriage within the 'Muhurtham' time and as a result of the non availability of the register, signatures had to be obtained in loose papers. The entire episode resulted in mental shock and agony to the first plaintiff and all the members of his family. Their reputation and the respect which they have commanded were irreparably damaged and they were defamed in the minds of all the friends, relatives and villagers who had gathered for the ceremony. The first plaintiff was very much affected both mentally and physically by the shock and disgrace experienced by him. He was already a heart patient and he was very much affected and hence was required to undergo immediate medical treatment. With the result, a lawyer's notice dated 1-9-1980 was sent to the defendant and a reply dated 22-9-1980 was sent on behalf of the defendant contending false and frivolous facts. He had falsely described that he was not in charge of the marriage register. He had also falsely stated that it was only the President who was in charge of the Marriage Register and that there was also no practice or incident to take the marriage register to the individual houses. Hence the present suit claiming a sum of Rs. 4,000/- as damages and a sum of Rs. 1,000/- towards medical expenses.

(3.) The defendant in his written statement while denying plaint allegations, contended that the plaintiff has suppressed many vital details regarding the administration of Pallivasal including the election of S. K. Ali Thambi as the President of Jamath and that the entire administration was only under the control of the President. There was no register for registering 'Nitchayathartham'. The register was available only for registering the marriages and it was not correct to say that the register was in the custody and control of the Secretary. There was no practice of taking the register to all the houses and the register will be taken only to register marriages which were conducted in accordance with the Regulations and conditions imposed by Jamath administration. There was no duty cast upon the Secretary to take the register to the individual houses and to register the marriages. Any such registration would be effected only on the directions of the President. No receipt had been issued for the marriage of the plaintiff's daughter. The receipt had been issued only for voluntary donation. Such a receipt had nothing to do with the registration of the marriage. The defendant also denied that for all the marriages at Periapatnam Abdul Kafooor Alam Sha was requested to preside over several marriages. The marriages should be conducted only by the persons assigned or appointed for the said purpose by Jamath. The contention that the defendant had insisted that only Samasudin Lebbai should preside was also disputed. If registration by Jamath was required, then marriages should be only conducted in accordance with the conditions prescribed by Jamath and only the Pesh Imam of Jamath should preside over the marriage. If any other Pesh Imam belonging to other areas are invited it could be done so only with the approval of Pesh Imam of Jamath. Therefore, the marriages conducted by the outsiders will not be registered in the marriage registers. Therefore, when the plaintiffs had informed about the ceremony being presided by the outsider the Jamath had made it clear that it will not be possible to register the marriage and therefore, the plaintiffs' expectation that the register would be brought to their marriage had no basis at all. No such assurance was also given by the defendants. Therefore, the Secretary, the defendant was not responsible for any of the events which are alleged to have taken place as a result of the register not having been taken to the residence of the plaintiffs. The defendant further contended that assuming that the plaintiffs ought to have impleaded the entire Jamath Committee including the President as parties to the suit. The defendant further contended that Abdul Kafoor Alam Sha alongwith the first plaintiff were responsible for division and Groupism within the Jamath resulting in Civil and Criminal disputes. It was further contended that at present all disputes were resolved and Jamath was being administered in a proper manner. But the plaintiffs were again trying to create problems and cleavage within the Jamath by filing the present suit against them.