Beg, J. - (1.) This second appeal arises out of a suit for damages. The suit itself was the result of certain differences that arose amongst the office bearers of a local association called the Allahabad Young Men's Christian Association (hereinafter called the "Y. M. C. A."). The Allahabad Y. M. O. A. is a body corporate, and is controlled by a Board of Directors. The Allahabad Y. M. C. A. has got several branches of which the Central Branch is the principal one. Each branch is controlled by a Committee of Management. The suit for damages was brought by Mr. R.H. Niblett, who was at the relevant time, the Chairman of the Central Branch of the Y. M. C. A., and the Vice-President of the Board of Directors. The damages were claimed against four defendants. Defendant No. 1 was the Board of Directors of the Y. M. C. A. It was sued through its President. Defendant No. 2 was Dr. Malvea, the President of the Board of Directors. Defendant No. 3 was Rt. Rev. Ralla Ram, a member of the Board of Directors. Defendant No. 4 was Mr. G. Eddy, the General Secretary of the local Y. M. C. A., the Secretary of the Central Branch, and an Ex. Officio Member of the Board of Directors. Defendant No. 2 Dr. Malvea died during the pendency of the suit, and his name was struck off from the record.
(2.) The plaintiff came to court with the following allegations. The plaintiff retired from service as a Magistrate and Collector in the year 1945. In the beginning of 1947, he rented some rooms in the Central Branch of the Y. M. C. A., for his residence, and shortly after that, he was elected as the Vice-President of the Board of Directors. At the end of September, 1947, Mr. Eddy who was the General Secretary of the Allahabad Y. M. C. A. also became the Secretary of the Central Branch. The plaintiff went away to Nainital about the end of April, 1948, and came back from there in the beginning of October, 1948. On his return he discovered that the accounts of the Central Branch were in a serious muddle. When Mr. Eddy was asked to explain the accounts, he refused to do it. Thereafter, the plaintiff made a detailed report about the matter to Dr. Malvea on the 27th September, 1948 and followed it up with a summary of charges against Mr. Eddy on the 6th of November, 1948. At this instance, a-meeting of the Board of Directors was called on the 8th November, 1948, to consider the charges. At this meeting, the defendants Dr. Malvea, Rt. Rev. Ralla Ram and Mr. Eddy in collusion with other' members of the Board maliciously caused the following resolutions to be passed:- "(1) The Board of Directors of the Allahabad Y. M. C. A., at their emergent meeting held on the 8th November, 1948, at 6 P. M., at the Central Branch Y. M. C. A., 13, Queens Road, Examined the charges made by Mr. R.H. Niblett against Mr. G. Eddy, the General Secretary of the Allahabad Y. M. C. A. There was placed before it a report of Mr. P. Robinson, the auditor, who had been appointed by the Committee of Management of the Central Branch and with the full consent of Mr. R.H. Niblett; to audit the accounts of the Board, found these charges entirely baseless and exonerated the General Secretary of all the charges on the basis of the Auditor's report. (2) That in our judgment, Mr. R.H. Niblett owes to the General Secretary an unqualified apology for bringing up these unwarranted charges against the General Secretary. (3) That we authorise the President of the Board of Directors to send a communication to the National General Secretary of the Y. M. C. As.' and report these actions to them. (4) That Mr. Niblett should be asked to resign from the Chairmanship of the Central Branch, Y. M. C. A. forthwith. (5) That in view of our opinion that it is inadvisable for Mr. Niblett to stay in the Y. M. C. A. where the General Secretary resides and works, Mr. Niblett be asked to vacate the flat that he is occupying in the Central Branch Y. M. C. A., and that a month's notice be given to him. (6) That Mr. R. C. Dudt be requested to act as Chairman pro tern till the time of the regular next elections."
(3.) The aforesaid resolutions were defamatory according to the plaintiff. They were published by being communicated to the National Council of the Y. M. C. A., at Calcutta, and by being read out at a subsequent meeting of the Board. The plaintiff refused to apologise. He was asked to vacate the flat by the 8th December, 1948. On his refusal to do so, the waterman and sweeper of the Y. M. C. A., were forbidden by Mr. Eddy from working for him. The electric connection of his fiat was also cut off on four occasions in the month of December, 1948. In depriving the plaintiff of the services of the Y. M. C. A. sweeper and waterman, and in cutting off the electric supply line, Mr. Eddy acted as the servant and agent of the Board, and in furtherance of the resolutions and intentions of the Board. The plaintiff was put to inconvenience as a result of the aforesaid acts. The plaintiff, accordingly, claimed Rs. 2,200/- as damages in respect of the defamatory resolutions passed against him, Rs. 200/- as damages for trouble and inconvenience caused by stoppage of services of the waterman and sweeper and Rs. 600/- in respect of the expenses, trouble and inconvenience resulting from interference with the supply of electricity.;