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2012 Supreme(Del) 1857

KAILASH GAMBHIR
RAJ NATH KHOSLA – Appellant
Versus
ACHARYA DR JOHN R BISWAS – Respondent


Advocates Appeared:
Mr. Raman Kapur, Sr. Adv. with Mr. Dhiraj Sachdeva, Adv.
Ms. Anjana Masih, Adv.

JUDGMENT

1. The present order will decide the application under Order 7 Rule 11, C.P.C., 1908, presented by the defendants for the rejection of the plaint on the ground that the plaint does not disclose any cause of action for the tort of defamation.

2. The relevant averments made by the plaintiff in his plaint are reproduced as under:

The plaintiff is engaged in the business of financial services and is high income tax paying citizen. The defendants are the office bearers of a literature society named Masihi Sahitya Sansthan. The Defendant No. 1 is the Chairman, Defendant No. 2, the Secretary and Defendant No. 3, the Manager of the above named Society. The Society is the absolute owner of the properties bearing flat no. 42 and two separate independent shops no. 42A and 42B under it. The Masihi Sahitya Sansthan, as owner of the property, Flat No. 42, Khan Market, New Delhi, entered into an agreement to sell dated 16.3.1988 with the plaintiff to hand over the said flat to the plaintiff in lieu of certain consideration. There is no dispute regarding the ownership of the said flat but dispute arose between the parties with respect to the ownership of the barsati floor i.e. the roof top



































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