JUDGMENT :- This appeal is filed by original defendant 1 challenging the judgment and decree dt. 22-9-1977 passed by the Civil Judge, Senior Division, Bhandara decreeing the claim of the original plaintiff for Rs. 3100/-on account of damages for defamation against him with proportionate costs of the suit.

2. The plaintiff at relevant times was Block Development Officer at Tirora. The defendant 1 is the proprietor, Editor, Printer and Publisher of Local Marathi Weekly 'Tirora Times' published from Tirora. The defendant 2 is an agriculturist. The defendant 3 was the Chairman, Panchayat Samiti, Tirora. The defendant 1 published in his said newspaper articles making serious allegations and imputations against the plaintiff on 12-5-1971, 26-5-1971, 2-6-1971, 16-6-1971, 23-6-71, 30-6-1971, 14-7-1971, 28-7-1971 and 4-8-1971. The plaintiff served the defendants with registered notice dt. 11-12-1971 calling upon them to tender apology and pay damages of Rs. 10,000/- for defamation.

3. The defendants 2 and 3 vide their written statement Exh.15 and Exh.16 submitted that they are not at all concerned with publications aforesaid and hence plaintiffs suit is false against them for which they claimed compensatory costs.

4. The defendant 1 vide his written statement Exh.34 submitted that facts in those articles are true facts. He also submitted that the plaintiff belongs to a poor Koshti family, a backward community, having his pay as the only income which is hardly sufficient to meet maintenance expenses of his family. Still he has taken insurance policy of Rs. 1,00,000/-and he is required to pay yearly premium of Rs. 3,000/- to Rs. 4,000/- and thus his assets are disproportionate to his income. While he was Naib Tahsildar at Wardha he faced departmental enquiry. From Wadsa he was transferred to Gondia and while on duty here some bamboos were stolen from Government stock and were found in his possession. He was alleged to be corrupt and he faced departmental enquiry for these charges. At Wardha also he was Block Development Officer and charged with corruption. He was then posted as Commandant at Birsi Camp near Gondia which was a refugee camp. Young ladies of the camp complained about his sexual atrocities. One Sarlabai filed a complaint against him under Ss.376 and 313 read with S.109 I.P.C. He was facing 3 departmental enquiries. Shri R. V. Dalai was then Chief Executive officer, Zilla Parishad, Bhandara and was his relative. He justified publication of these articles in paras 6(a) to 6(p). He claimed protection of the qualified privilege and fair comments. He submitted that the claim of the plaintiff was barred by time. He also submitted that publications were not against the plaintiff personally but were in his capacity as B.D.O. and hence suit was incompetent without prior permission from Zilla Parishad, Bhandara.

5. On the aforesaid pleas the trial Court framed necessary issues. The parties went on trial. Plaintiff examined himself. Defendant 1 examined DW 1 Radheshyam himself, DW 2 Babulal, Chairman of Panchayat Samiti, Tirora, DW 3 Jairamlkumar a contractor of Panchayat Samiti, DW 4 Bhaurao in charge Manager of Land Development Bank Tirora, DW 5 Purushottam Chairman B and C Department, Municipal Committee, Tirora.

6. The learned trial Court after considering the oral and documentary evidence on record held (1) that the news items in suit were not true and correct, (2) that the defendant 1 failed to establish that the said publications were in public interest, without malice and were in good faith (3) that these publications were not made in collaboration with defendants 2 and 3, (4) These publications were defamatory of plaintiff. He negatived other legal issues. Thus vide judgment and decree dt. 22-9-1977, the learned Judge granted a decree for Rs. 3,100/-and proportionate costs against the defendant 1 and dismissed the suit against the defendants 2 and 3. This judgment decree is challenged in this appeal by the defendant 1.

7. The learne

Click Here to Read the rest of this document