VEERESH KAMBIMATH Vs. CHANAVEERAPPA NARAGUND

JUDGEMENT

(1.) The defendant in Original Suit No. 100 of 1984 in the Court of the Principal Munsiff at Gadag is the appellant. The suit is filed by the respondents for damages of Rs. 4,075/- with interest and for costs, alleging that the appellant filed a criminal complaint against the respondents with a motive to evict them from the premises and caused damage to their reputation and loss of business. The suit was resisted by the appellant contending that he filed a genuine complaint against the respondents as they wrongfully confined him and caused mischief which ended in the acquittal of the respondents and that there is no case for grant of damages.

(2.) The Trial Court held that the respondents are entitled to damages and granted a decree for damages in a sum of Rs. 2,000/-. The appellant preferred the appeal before the Civil Judge, Gadag, in Regular Appeal No. 23 of 1988 against the decree of the Trial Court. The appeal was dismissed by the learned Civil Judge, confirming the decree of the Trial Court.

(3.) The brief facts leading to the present litigation are as follows: The appellant became the owner of the shop in which the respondents are the tenants, by virtue of a partition. The appellant filed a complaint before the JMFC, Gadag, alleging that the respondents had wrongfully confined him and that they were committing nuisance by tethering a buffalo in the shop premises. The complaint was forwarded to the police, who after investigation, filed a charge-sheet against the respondents under Sections 342, 427, 504 and 506 read with Section 34, I.P.C. The State examined five witnesses for the prosecution. The learned Magistrate after trial, acquitted the respondents, holding that the prosecution failed to prove that the accused wrongfully confined the complainant and committed nuisance and that there was no explanation for the delay in filing the complaint. Subsequently, the respondents filed the suit for damages.