DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY, VISAKHAPATNAM

MOOT & ADVOCACY SOCIETY

9TH NOVICE MOOT COURT COMPETITION 2021

MOOT PROBLEM

Mr. and Mrs. Iyer lived in Thrissur with their son Ravi. While Mr. Iyer was a Priest in the local
temple, Mrs. Iyer was a school teacher and their son Ravi studied anthropology at the KelTech
University, Thrissur. After the death of her grandmother, Mrs. Iyer inherited an old farmhouse
near Thrissur district, Kerala, which she had left vacant for the reason that the same reminded her
of her grandmother. However, Mr. Iyer boarded up and placed "Trespassers will be punished"
signs around the property. The farmhouse was in poor condition and was subject to frequent
burglaries and break-ins. One notorious thief called Pappu Uchakka was infamous for his ruthless
burglaries and murders. One day, while he was on a run from the Police, Pappu Uchakka along
with his friend Tippu Paaketmar decided to enter into the house to take refuge for the night. They
found several antique show pieces and then, decided to search the house for more such pieces.
However, to defend the house against intruders and theft, Mr. Iyer mounted a steel hammer above
the east bedroom door, so that the hammer would fall on anyone who enters the bedroom. He also
set an alarm on the same door's bedroom. So, when Pappu Uchakka and Tippu Paaketmar tried to
enter into the bedroom with the intent of stealing more antiques, Pappu Uchakka tripped the trigger
mechanism and the iron hammer fell right on his head causing him serious injuries. As the alarm
went off, Tippu Paaketmar got scared and left Pappu Uchakka alone. When the neighbors arrived,
they found Pappu Uchakka unconscious, lying on the floor.

After the incident, Mr. And Mrs. Iyer handed Pappu Uchakka to the Police. Pappu Uchakka, who
was still hospitalized did not know about anything. When he woke up after two months, he lost his
eye sight and decided to ruin the owner's life. He claimed for damages which resulted in his injury,
which was granted by the lower court.

After his recovery, Pappu Uchakka, in the fit of rage, also started defaming Mr. And Mrs. Iyer
stating that they are into witchcraft and he found several bones and skeleton around the house
when he entered. This caused an irreparable damage to Mr. And Mrs. Iyer's image and they want
to file a case of defamation against Pappu Uchakka, while challenging the judgement of the lower
court, in the High Court of Kerala.

NYAYPRASTHA, SABBAVARAM, VISAKHAPATNAM- 531035