KESHAB LAL BHATTACHARJEE Vs. PROVAT CHANDRA SEN

JUDGEMENT

(1.) This is an action for libel. The plaintiff and the defendant were joint executors of the will of a lady of the town, Sreematy Kironsoshi Dassee. She left a daughter Shephalika Dassee, who was a minor seven years old at the time of her death in 1934. In 1935 her executors obtained probate of her will. In opening the case, allegations have been made on the one side that the defendant kept the girl in a disorderly quarter of the town, and on the- other side that the plaintiff took her to his own house to get hold of her property. There has been an acrimonious correspondence with regard to this property and both parties have made reckless accusations by letter and in the course of judicial proceedings. Eventually on the application of the defendant the plaintiff was removed from his office of executor. On 29 February 1936 the plaintiff wrote a letter headed "In the goods of Sreematy Kironsoshi Das-see" to Mr. B. M. Das, the solicitor for the defendant, Dr. P.C. Sen. The letter is couched in intemperate language and in one portion the plaintiff writes: Regarding your fourth paragraph it is strange that a gentleman of your position and respectability advising me not to be anxious for the girl when you had the full knowledge that the girl is now in a brothel in a most disreputable locality and looked after and cared for by a public woman alleging and pretending that she is her grandmother. I am the last person to be a party to this conspiracy to turn her up as a public woman.

(2.) The letter concludes with threats to bring the matter before the Commissioner of Police. Mr. B. M. Das replies by a letter No. 2179 of the 4 March addressed to the plaintiff. He starts by acknowledging the letter of the 29 February and says: I strongly object to the tone of your letter casting aspersions against me personally, as I wrote the letter under express instructions of my client Dr. Sen.

(3.) He then goes on to use the following expression, on which the plaintiff relies in support of his action for libel: If anybody has conspired to turn up the girl Shephali as a public woman it is you as you stated in your own affidavit that the said girl was in your custody and you must explain how and why she was sent to a brothel.