KUTUBUDDIN Vs. ISHRAT BEGUM

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 20.12.2001 passed by Fifth Additional District Judge, Gwalior in Civil Appeal No. 60A/06 whereby judgment and decree dated 19.3.1996 passed by Ninth Civil Judge Class II, Gwalior in Civil Suit No. 350A/94 was confirmed and the appeal was dismissed, present revision has been filed.

(2.) SHORT facts of the case are that Tahir Khan who was Predecessor-in- title of the respondents filed a suit for compensation of Rs. 4,950/- alleging that civil litigation is pending between the petitioner and the deceased Tahir Khan in the Court of V Civil Judge Class II, Gwalior. It was alleged that a criminal case is also pending on the complaint of the deceased Tahir Khan which is pending before the Judicial Magistrate, Gwalior. It was also alleged that civil suit has also been filed by the petitioner which is pending in the Court of Fourth Civil Judge Class I, Gwalior. It was alleged that a false FIR was lodged by the petitioner on 3.10.1985 against deceased Tahir Khan in the Police Station, Madhav Ganj, Gwalior on the basis of which a criminal case was registered against him under sections 341/323, IPC in which deceased Tahir Khan was arrested on 23.10.1985 and was released on 24.10.1985. Challan was filed before the Court of Judicial Magistrate First Class, Gwalior. After trial, vide judgment dated 28.2.1987 deceased Tahir Khan was acquitted as charges were not found proved. In the plaint, it was alleged that because of malicious prosecution filed by the petitioner, deceased Tahir Khan was entitled for compensation, hence, the suit was filed.

(3.) ON the basis of pleadings of the parties, learned trial Court framed issues, recorded evidence and decreed the suit for a sum of Rs. 4,950/- against which appeal was filed which was dismissed, hence, the present revision.