Judgement

SHAH, J.: The appellant Mrs. Menezes is the owner of a house in Bombay, and the wife of the first respondent. Yusuf Khan is a tenant of a part of the first floor in that house. On January 17, 1963, one Robert - a servant of the appellant, called the wife of the first respondent a thief and Halkat . On the next day the first respondent slapped the face of Robert. This was followed by a heated exchange of abusive words between the first respondent and the appellant s husband. The first respondent was annoyed and threw at the appellant s husband a "file of papers. The file did not hit the appellant s husband, but it hit the elbow of the appellant causing a "scratch . The appellant lodged information at the Bandra police station complaining that the first respondent had committed house trespass in order to the committing of an offence punishable with imprisonment, had thrown a shoe at her, had slapped the face of her servant Robert, and had also caused her a "bleeding incised wound on the forearm . The version of the appellant was a gross exaggeration of the incident. The Officer-in-charge of the police station was persuaded to enter upon an investigation on this informat