The plaintiff in a suit for recovery of damages from the defendants for having printed and published a defamatory news item is the appellant. Defendant 1 was the Company printing the newspaper 'Desabhimani' and defendant 2, Sri E. K. Nayanar is the publisher of the paper. The publication complained of was on 1-12-1974 and the caption : "Theft of elephant tusks." This was followed by a further news item on 5-12-1974, with the caption : The elephant tusks taken into custody have been produced in Court." The defence was one of justification by truth. The trial Court did not accept that defence. The suit was accordingly decreed. The defence was, however, found acceptable by the appellate Court. It therefore allowed the appeal set aside the decree of the trial Court, and dismissed the suit. The second appeal challenges the decision of the lower appellate Court.

2. The relevant facts may briefly be referred to. The plaintiff had formerly served in the Indian National Army. He had the high rank of a captain. One way of rewarding and recognising services of the patriots was to allot forest area. The plaintiff also got his share. The estate developed by him is known as Vattapoyi