SUKHWINDER SINGH Vs. CHARANJIT SINGH AND OTHERS

JUDGEMENT

(1.) Appellant/defendant no.1-Sukhwinder Singh has filed the present second appeal against the judgments and decrees passed by the courts below whereby the suit for recovery of Rs.50,000/- as damages on account of malicious prosecution of the plaintiff (respondent no.1 herein) was partly decreed by the trial court and the appeal filed by appellant-Sukhwinder Singh was dismissed by the appellate court while upholding the findings of the trial court.

(2.) Facts necessary for the decision of the present second appeal are that plaintiff/respondent no.1-Charanjit Singh filed a suit for recovery of Rs.50,000/- as damages on account of his malicious prosecution against appellant and respondent nos. 2 and 3 with the allegations that there was a litigation between him and appellant Sukhwinder Singh in respect of land situated at Village Jhander Khurd.

(3.) It was further alleged that appellant wanted to forcibly dispossess him from the said land and as such appellant/defendant no.1 with the active support of defendants/respondents 2 and 3, in order to cause mental and physical discomfort to the plaintiff as well to injure him, lodged a false FIR against the plaintiff/respondent no.1 and others on 23.3.1998 as a result of which plaintiff alongwith others was arrested by the police. It was further alleged that on account of registration of a false case against him by appellant/defendant no.1, plaintiff had to remain in jail for 22 days; faced trial for about 11/2 years and it was thereafter that he was acquitted by the court on 23.9.1999. It was further alleged that due to his false and malicious prosecution the reputation of the plaintiff was affected; he suffered lot of damages for defending himself and that he had to undergo mental agony.