Mohamed Dzaiddin J:

[1] In this action, the plaintiff sued the defendant for damages for libel in a letter written by the defendant dated 28 May 1979 concerning the plaintiff in connection with certain professional duties undertaken on behalf of the defendant.

[2] The facts of the matter are these. The plaintiff is a land surveyor by profession and has been carrying on his practice under the name and style of Syarikat Ayob bin Saud. The defendant, on the other hand, is a lawyer and a retired senior legal officer, formerly attached to the Attorney General's Chambers, Kuala Lumpur. Insofar as this case was concerned the defendant is a registered proprietor of a piece of land known as Lot 1899, Mukim Sidam Kanan, Kulim, Kedah, ("the said land"). Sometime in 1978, the defendant was interested to develop the said land and appointed Koperasi Nesa Pelbagai Bhd as the developer. It is quite correct to assume that as he was too preoccupied with his professional duties, he appointed one Perianayagam, his old schoolmate, to be his agent in supervising the project. The development of the said land required some sub-divisional survey work to be undertaken by a surveyor. The plaintiff was then appointed by the defendant to carry out the survey work. After the completion of his assignment, the plaintiff submitted his bill dated 23 May 1979 for professional services rendered to Koperasi Nesa for payment, with a copy sent to the defendant. There seemed to be some dispute regarding the professional fees charged by the plaintiff.

[3] Hence, on or about 28 May 1979 the plaintiff received a copy of a letter written by the defendant to one C Thanabalasingam, the Secretary of Koperasi Nesa. The letter (Exhibit P5) reads as follows:

T.S. Sambanthamurthy,	3496, Lower Ampang
G.M., M.B.I.M. A.M.N	Kuala Lumpur
Gray's Inn	Telephone: 647500
Barrister-at-Law	462252

Mr C Thanabalasingam,

Koperasi Nesa,

M.I.C. Building,

1, Jalan Rahmat,

Kuala Lumpur.

Dear Sir,

Re: Lot 1899, Mukim Sidam Kanan, Kulim.

I refer to bil No. 98/79 dated 23 May 1979 from Syarikat Ayob Bin Saud. Please do not make any payment on this bill. This work was done by the owners of the neighbouring lot and was discussed at the Majlis Dearah Kerajaan Tempatan meeting at Kulim on 22 April 1979 where I had to agree to share the cost of preparation of the Benchmark plan - minutes attached.

Syarikat Ayob Bin Saud have been told on this even before they started work to prepare the plan.

I am surprised that a Chinese surveyor has charged RM1,450 whereas a Bumiputra asks for RM4,480 which is daylight robbery. Besides I never gave directions to Syarikat Ayob bin Saud to prepare the plans.

Yours faithfully,

c.c.

Syarikat Ayob Bin Saud,

Bilik 106, Tingkat Pertama,

Bangunan Malayan Bank,

9, Leboh Union, Penang.

Mr S Perianayagam,

Kulim, Kedah.

[4] Thus, on the basis of the above letter and in particular, the third paragraph, the plaintiff alleged that he had been libelled by the defendant and claimed damages. The material paragraphs of the plaintiff's statement of claim alleging defamation are as follows:

6. On or about 28 May 1979, the defendant falsely and maliciously wrote, signed and published or caused to be written and published of and concerning the plaintiff and of him in the way of his said profession or occupation and in relation to his conduct therein, in the form of a typewritten letter addressed to the said C Thanapalasingam, the words following that is to say:

I am surprised that a Chinese surveyor has charged RM1,450 whereas a Bumiputra asks for RM4,480 which is daylight robbery...

7. The said letter was dictated by the defendant to a clerk whose name is at present unknown to the plaintiff, and after being transcribed by the said clerk by a typewriting machine was signed by the defendant and sent to the said C Thanapalasingam and a copy was sent by post in an envelope addressed to the plaintiff's firm and a further copy was also sent to the said S Perianayagam. The said letter was therefore not only opened and re