SRI GANGADHAR MOHANTI Vs. SRI PRIYANATH DAS

JUDGEMENT

(1.) DEFENDANT is the Appellant against a confirming judgment. Plaintiff claims Rs. 150/ - as damages for malicious prosecution. The relevant facts are as follows Defendant used to live in the house of his brother in law, Dwari Mohanti. After the death of Dwari and his widow, Baidhar Patra (P.W. 3) succeeded to the property of Dwari as being the son of his maternal uncle. Defendant also laid claim to Dwari's poverty. In 1955 Defendant asked the Plaintiff to help him in getting the aforesaid property. But as the Plaintiff refused Defendant threatened him with revenge. On 5th December 1955 Defendant invented a false story and filed criminal case No. 405 of 1955 -1956 in the court of the Sub -Divisional Magistrate, Balasore, against the Plaintiff and others on the allegation that the Plaintiff instigated the other accused person to remove paddy from the lands of Dwari Mohanti which were in possession of the Defendant. The criminal cases ended in acquittal on 1st October 1956. There was no occurrence and the entire allegation was false. There was absence of reasonable and probable cause on the part of the Defendant in the aforesaid prosecution which was started maliciously.

(2.) THE defence case is that the Plaintiff is a villain and litigant. The Defendant used to look after the property of Dwari Mohanti who had no issues through his sister. After their death, the Defendant was in possession in his own right. Baidhar Patra (P.W. 5) was not an heir in respect of the property of deceased Dwari and never entered into possession thereof. The Defendant never approached the Plaintiff for any help nor gave him threats. The criminal case was true and it was not falsely and malicious brought without reasonable and probable cause.

(3.) THE quantum of damages decreed is not challenged. Mr. Dhal raised the following contentions: