Indian Kanoon - Search engine for Indian Law

61. The defendant has appealed.

62. The learned Counsel for the appellant, who has placed the case before us, has laid great stress from the outset on the remarkable contrast which is presented by the case as held by the learned Judge to have been proved against the defendant and that as set out in the plaint, and has argued that the acts of the defendant and those, who carried out his orders", have been grossly distorted and the damage done exaggerated enormously. No attempt was in fact made to prove the alleged loss of rents from the tenants as a damage consequential on the search, after the plaintiffs' agent had been obliged to admit that in the preceding year an attempt had been made by the plaintiff to raise the rents of his tenants, more than 90 per cent, of whom are Mahomedans, which had been resisted and had created general discontent. The plaint averred against the defendant that he had committed a malicious and outrageous abuse of his authority. The learned Judge has found that the defendant acted bond fide and without malice, but that as he had failed to comply strictly with the provisions of Section 25 of the Arms Act he committed a trespass.