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1959 Supreme(Raj) 44

MODI
Lachhman – Appellant
Versus
Pyarchand – Respondent


Advocates Appeared:
U.M. Trivedi, for Appellant; B.B. Desai, for Respondents

Modi, J.—This is a regular first appeal by the plaintiff Lachhman in a suit for damages for defamation which has been dismissed by the trial court.

2. The material facts, out of which this appeal arises, lie in a short Compass and may by briefly stated as follows. The parties belong to a village named Kurawad, District Udaipur. The plaintiff is a Panch of the Gram Panchayat Kurawad. The respondents are 28 in number and of these about half the number are Mahajans and the rest belong to various other communities. The plaintiffs case was that on the 18th March, 1952, the defendants made a report Ex. P.l to the Station House Officer, police thua Kurawad, which translated in English reads as follows:—

"It is prayed that the under-mentioned Goondas are misbehaving and harassing us (the applicants). On Chait Vadi 3rd and 5th they formed themselves into an assemblage of a number of persons of which they were the leaders and they have treated us very shabbily information whereof has been given to the police from time to time. Our shops nave had to be closed Therefore, please make adequate arrangements, otherwise our life and property is in serious danger. Urgent action is solicited."

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