KAPPU ALIAS KHASTHURI 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.61 of 2000 by the Learned Additional District Judge, Tiruvannamalai in confirming the Judgment and Decree dated 29.10.1999 in O.S.No.464 of 1996 passed by the Learned District Munsif-cum-Judicial Magistrate, Chengam.

(2.) The First Appellate Court, while dismissing A.S.No.61 of 2000 (filed by the Appellant/Plaintiff), has among other things opined that on 10.12.1987, the Appellant and five more persons have destroyed the groundnut crops raised by him and to prove that they are the owner of the property, Exhibit B.1 to B.5 have been filed and also Adangal copies i.e. Exhibits B.14 to B.24 etc., have been filed and that in pursuance of the sale deed, the Defendant is the owner of the property and he raised the crops and it has been destroyed by Appellant/Plaintiff and therefore, the Respondent/Defendant and his father have prevented the same etc., and hence he has given a complaint and as such, the Respondent/Defendant has acted with a reasonable and probable cause and not without reasonable and probable cause and consequently, dismissed the Appeal with Costs thereby confirming the Judgment and Decree of the First Appellant Court.

(3.) Added further, the First Appellate Court has also observed in its Appeal Judgment 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 damages for malicious prosecution.