Mohinder Singh Kamboj 11 August 2021

Dafamation suit

I want to file a defamation suit against a landlord who sent registered letters to his tenant at his right address but sent copies of the letter to the adult, separately living, married children of his tenant asking for rentals and other dues with the intention of only to defame his tenant in the eyes of his children. One of the children, his married daughter working as a judicial officer in the same city court was also sent a copy of the letter with an address as TENANT C/O BCD Judicial magistrate. the said letter was received by some house servant who handed over the letter to the daughter of the Tenant. the letter kept lying there for a long time and it was later opened by the son-in-law of the tenant to check, if some urgent message or work may not be there. He later handed over the same to the Tenant along with the envelope containing that letter. The letters addressed to the Tenant never reached him. Another registered letter was sent to the Son of the tenant and that also never reached his son.

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8 Replies

Dr J C Vashista (Advocate) 12 August 2021

What is relation of children (son/ daughter living separately) of tenant with landlord, where he is stated to have sent copy of notice demanding arrears of rent ? it is illegal and invalid action of the landlord, however, it do not attract the provisions of Section 499 / 500 IPC and/ or compensation for civil defamation (tortuous liability) as conceived / proposed by you.

You have mixed up the facts, redraft in simple language.or consult some other local lawyer.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 12 August 2021

A criminal defamation can be filed through private complaint with magistrate under section 499 and 500 of indian penal code. There is no court fees in criminal matters expect ticket fees. The procedure in civil court and criminal case take time they can go for 2-3 years and fees of lawyer is also needed to be paid.

G.L.N. Prasad (Retired employee.) 12 August 2021

Ignore such nuisance, as the landlord is genuinely worried about his rent, and arrears is a fact, and marking such notices to others is not proper. Never step into court unless you are compelled to do so, as it might turn into as biggest blunder in your life to attend criminal cases for every adjournment and spend lots of money when you can not afford to pay monthly rents in time to the landlord as per recorded facts. Your landlord might have informed this to your children only, now by going to court in the name of defamation, you are going to publicize that fact to many by your action.

Mohinder Singh Kamboj 12 August 2021

Is it not contemptuous and amount to libel?

G.L.N. Prasad (Retired employee.) 12 August 2021

Definitely YES, but the victim has to suffer double the defamation proceeding through court and exposing that an individual failed to make a rent payment in time and coming to court on such fact. The future suffering is more than the present insult before our own children.

P. Venu (Advocate) 12 August 2021

Is there any rentals and other dues outstanding?

G.L.N. Prasad (Retired employee.) 12 August 2021

Yes. It appears from the query as follows: "a landlord who sent registered letters to his tenant at his right address but sent copies of the letter to the adult, separately living, married children of his tenant asking for rentals and other dues

with the intention of only to defame his tenant in the eyes of his children."

Dr J C Vashista (Advocate) 13 August 2021

Originally posted by : Mohinder Singh Kamboj
	Is it not contemptuous and amount to libel?

@ Mr.Kamboj,

Please read exceptions to section 499 IPC before forming an opinion and decision qua accusing the landlord's action to be libel. The case in hand do not fall in the category of libel, to me.

Thanks & Regards