KAMALA Vs. GANDHI

JUDGEMENT

(1.) The Appellant/Plaintiff has filed the instant Second Appeal as against the Judgment and Decree dated 16.08.2000 passed in A.S.No.62 of 2000 by the Learned Additional District Judge, Tiruvannamalai in confirming the Judgment and Decree dated 29.10.1999 in O.S.No.129 of 1996 passed by the Learned District Munsif-cum-Judicial Magistrate, Chengam.

(2.) The First Appellate Court, while dismissing the Appeal in A.S.No.62 of 2000 (filed by the Appellant/Plaintiff), has among other things opined that in pursuance of the sale deed the Respondent/Defendant is the owner of the property and he raised crops and it has been destroyed from Appellant/Plaintiff and therefore he has given a complaint and that he has acted with reasonable and probable cause and not without reasonable and probable cause and held that the suit for recovery of damages for malicious prosecution is sustainable. However, it held that the Appellant/Plaintiff is not entitled to claim a sum of Rs.10,000/- that the Appellant/Plaintiff has not proved that the Respondent/Defendant with malicious intention and without reasonable and probable cause has initiated the criminal proceedings against him and it has ended in acquittal. Under these circumstances, the Appellant is not entitled for damages in respect of malicious prosecution.

(3.) Added further, the first Appellate Court has also observed that all the criminal proceedings have been initiated with probable and reasonable cause and there is no malicious intention for the Respondent/Defendant to initiate criminal proceedings and finally concluded that the Appellant/Plaintiff is not entitled to claim for damages for malicious prosecution.