JUDGMENT

Mookerjee, A.C.J.

1. The subject-matter of the litigation, which has culminated in this appeal, consists of three letters published by the Appellant in the Statesman and the Englishman newspapers. The first letter appeared in the Statesman on the 21st October 1917 and in the Englishman on the following day. The second letter appeared in the Statesman on the 30th October 1917 and the third letter in the Englishman on the same day. The Respondent alleged that these letters contained defamatory statements which have greatly injured his credit and reputation and have brought him into public odium and contempt. He accordingly prayed for a decree for Rs. 50,000 as damages. The Defendant resisted the claim on the ground that the letters were not defamatory and that the statements contained therein were true in substance and in fact. He further pleaded that they were fair comments made in good faith and without malice upon a matter of public interest on a privileged occasion. On these pleadings, seven issues were framed in the following terms:

"i. Has the Defendant published the alleged "statement of and concerning the Plaintiff?

"Were the alleged libels published of and concerning th