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HIGH COURT OF JUDICATURE AT MADRAS
T. RAJA, J
S. Gurusamy Reddiar & Another
Versus
R. Purushothama Reddiar
Second Appeal Nos.142 & 143 of 2007
Decided On: 10-07-2012
Defamation - Family Dispute - Section 499 IPC - Exception 9 - Good Faith - Publication - No Malice - Heavy Costs Imposed
Fact of the Case:
The plaintiffs filed suits claiming defamation and damages from the defendant, their own brother, based on reply notices issued by the defendant in response to provocative allegations made by the plaintiffs. The defendant countered the allegations by stating that the real mischief-monger was the father-in-law of the plaintiffs, who had initiated several legal proceedings against the defendant's family. The trial court and the District Court rejected the plaintiffs' claims, and the present Second Appeals were filed.
Finding of the Court:
The court found that the reply notice issued by the defendant did not amount to defamation as it was a response to provocative allegations made by the plaintiffs. The court also noted that there was no evidence of publication of the defamatory contents by the defendant. The court further observed that the plaintiffs' claims were frivolous and motivated, leading to docket-explosion, and imposed heavy costs on the plaintiffs.
Issues: The issues included whether the reply notice amounted to defamation, whether there was malice on the part of the defendant, and whether there was evidence of publication of the defamatory contents.
Ratio Decidendi: The court held that the reply notice did not amount to defamation as it was made in good faith for the protection of the defendant's interests. The court also found that there was no evidence of malice on the part of the defendant and no evidence of publication of the defamatory contents. The court further emphasized the need to curtail frivolous litigations by imposing heavy costs on the plaintiffs.
Final Decision: The Second Appeals were dismissed with heavy costs imposed on the plaintiffs.
1. The present Second Appeals have been filed by the appellants/plaintiffs, questioning the correctness of the Judgment and decree, dated 20.09.2005, passed by the Principal District Judge, Cuddalore, in A.S. Nos.6 and 7 of 2005, whereby, the judgment and decree passed by the Subordinate Judge, Panrutti, in O.S. Nos.94 and 132 of 1999 on 29.09.2004, dismissing the individual suits filed by the plaintiffs claiming compensation/damages from the defendant on the ground of defamation, came to be confirmed.
2. For better understanding and appreciation of the case and cause, the factual background in which the lis was initiated by the unsuccessful plaintiffs is necessarily to be re-capitulated particularly in regard to the claim of the respective plaintiffs/appellants that they individually suffered defamation by the act of the defendant/respondent.
(i) S.Gurusamy Reddiar/appellant in Second Appeal No.142 of 2007 filed O.S. No.94 of 1999 against defendant-Purushothama Reddiar, who is none else than the blood brother of the son-in-law of Gurusamy Reddiar by name Dr.R.Jayachandran viz., the appellant in S.A. No.143 of 2007/plaintiff in O.S. no.132 of 1999, by pleading that he has good name and reputation amongst the public at his native place/Panrutti and he owns properties worth crores of rupees and he is also operating buses; that his son-in-law/Dr.Jayachandran is one of the famous Doctors at Chennai and he runs a Hospital by name Guest Hospital, Chetpet, Chennai; that, after partition in the family of his son-in-law, the properties/land fell to the share of the son-in-law were initially entrusted with his elder brother/defendant for development and for derivation of income there-from, however, as the defendant evaded to account for the income and intended to take the properties, the son-in-law nominated the plaintiff as his Power Agent to administer the properties; that the defendant, aggrieved by such action, with the influence of his eldest Brother by name P.R.Bhaskara Reddiar, who is an Engineer in the TNEB, obtained agricultural service connection in respect of the property of the son-in-law, whereupon, the plaintiff as power agent of his son-in-law addressed the Electricity Board to take action against Bhaskara Reddiar and he further followed up the matter by filing a suit in O.S. No.78/99 on the file of Sub Court, Vrithachalam; that thereafter, on the instructions of the son-in-law, the plaintiff also filed a suit in O.S. No.95/99 before the same Court for declaration of title and permanent injunction in respect of the properties of the son-in-law attempted to be disturbed by the defendant; that the son-in-law also in his personal capacity issued notices dated 12.01.1999 and 20.02.1999 (marked as Exs.A1 and A2 in O.S. No.132 of 1999 filed by the son-in-law); that the reply notice dated 03.03.1999 (marked as Ex.A5), issued by the defendant, gave cause of action to the defamation proceedings as, in the said notice, it is stated that the real mischief-monger is the plaintiff/father-in-law, that so long as the plaintiff did not poke into the family affairs, the relationship between the brothers (Dr.Jayachandran and defendant) was smooth and that the plaintiff was engaging hooligans and had set up politicians to forcibly take the properties from the defendant, thereby, it was the plaintiff who himself is spoiling the reputation of his own son-in-law; that the defamatory wordings contained in the notice are nothing but expression of the defendant's intention to defame the plaintiff and to torture him mentally and also, equally the son-in-law; that when the plaintiff and his son-in-law jointly issued a notice under Ex.A8, dated 27.03.1999, demanding damages @ Rupees two lakhs, instead of showing remorse or expressing apologies, the defendant by notice under Ex.A9, dated 05.04.1999, justified his action by stating that the allegations are true; and that the defamatory notice dated 03.03.1999 having given a clear cause of ac
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