SEKHARAN NAIR Vs. KRISHNAN NAIR

JUDGEMENT

(1.) This appeal is by the plaintiffs whose suit for damages for malicious prosecution succeeded in the Court of first instance but failed in the lower appellate Court.

(2.) The plaintiffs were prosecuted by the defendant under S.447, 426, 341 and 323 I. P. C. on the averment that at 10 a.m. on 29.5.1959 the 1st plaintiff was found making a foot-path through his land and when he protested, the plaintiffs attacked him 1st plaintiff assaulting him and plaintiffs 2 and 3 catching hold of his waist. The parties are close relations, plaintiffs 2 and 3 being daughters of the defendants maternal aunt and the 1st plaintiff being 2nd plaintiff's son. Plaintiffs 2 and 3 and the defendant are almost of the same age (near 60). The judgment in the criminal case is proved in the case as Ext. A-1. It reads thus:

(3.) It is well settled that in an action on malicious prosecution the plaintiff has to prove