Dr.Chandrika Ayyar vs D.Vijayabaskar
2021 Latest Caselaw 15041 Mad

                                                                               C.S.No.137 of 2009

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    Dated : 27.07.2021

                                                        CORAM:

                             THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

                                                   C.S.No.137 of 2009

                     Dr.Chandrika Ayyar,
                     C/o.Me.S.Jagannathan,
                     New No.9 (Old No.4)
                     Jagadeeswaran Street,
                     T.Nagar,
                     Chennai – 600 017.                                             .. Plaintiff

                                                         /versus/
                     1.D.Vijayabaskar,
                     S/o.Dhanapalaiya,
                     F-Block,
                     20/7, 4th Floor,
                     3rd Main Road,
                     Anna Nagar,
                     Chennai- 600 040.

                     2.P.Papayammal,
                     No.129/2B, “G” Block,
                     1st Main Road, 75/4,
                     Anna Nagar East,
                     Chennai-600 102.                                              .. Defendants

                                    This Civil Suit is filed under Order IV Rule 1 Original Side
                     Rules read with Order VII Rule 1 of CPC, prayed for (a) For
                     Rs.10,00,000/- towards damages for defaming the reputation of the

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https://www.mhc.tn.gov.in/judis/
                                                                                 C.S.No.137 of 2009

                     Plaintiff;
                                   (b) For Rs.17,55,000/- towards loss of income caused by the
                     Defendants in preventing the sale transaction of the Plaintiff's property
                     and the unnecessary expenditure incurred by the Plaintiff towards
                     apartment rent;
                                   (c) For permanent injunction restraining the Defendants, their
                     men, Servants or agents from indulging in defamatory speech or
                     statements containing defamatory imputations against the plaintiff and
                     publicising the same;
                                   (d) For a permanent injunction restraining the Defendants, their
                     men, Servants or agents from visiting and threatening her at her place of
                     residence or any other place where she stays and interfering with her
                     activities;
                                   (e) Directing the Defendants to handover the original
                     documents detailed in para 9 of the Plaint and admitted by them to be in
                     their possession;
                                   (f) Costs of the suit.


                                              For plaintiff      : Ms.G.Sumithra
                                              For Defendants     : Mr.C.Narayanan
                                                                   Mr.M.Velmurugan

                                                    JUDGMENT

The suit is filed by one Chandrika Ayyar against the

defendants D.Vijayabaskar and P.Papayammal for damages caused due

to defaming her reputation and loss of income incurred due to act of the

https://www.mhc.tn.gov.in/judis/ C.S.No.137 of 2009

defendants preventing her from entering the sale proceedings in respect

of the property.

2. The said Chandrika Ayyar died on 02.11.2015. Since the suit

is for damages caused due to defamation and other acts, the cause of

action dies with the person. It is also to be noted that the second class

heirs of Chandrika Ayyar, who entered appearance and got impleaded in

other connected suits, have chosen not to file any implead application.

3. For the above said reason, the suit is dismissed as abated.

There shall be no order as to costs.

27.07.2021

Speaking Order / Non-Speaking Order Index : yes/no rpl

DR.G.JAYACHANDRAN,J.

rpl

https://www.mhc.tn.gov.in/judis/ C.S.No.137 of 2009

C.S.No.137 of 2009

27.07.2021

https://www.mhc.tn.gov.in/judis/