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VIJAY (A)     22 July 2011

defamation case

In a civil suit about easement rights our neighbouring landlady has filed a suit for stay on construction of my house.While replying to their counter our lawyer has written that the landlady is not freindly with neighbours and also was trying to drive away her daughter in law from home after her husband expired.On this counter they objected and gave notice asking us to apologise or they will file defamation case. We didnt tender apology instead our lawyer sent them letter confirming allegation with a copy of caveat which was filed by landladys daughter in law against landlady alleging that landlady was trying to drive her out from house and property.

Now they filed criminal case under sec 499 and sec 500.The court has taken cognisance and trial has began.

The civil suit is still pending.

I want to know whether this amounts to defamation.If yes what will be the punishment.We dont have any previous litigations with the landady.We have said what landladys daughter in law has said in her own caveat against landlady. Can we stop the criminal proceedings against us somehow please suggest. They her harrasing us so that  we stop construction.

Urgent advice needed.



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