ROOP SINGH Vs. AMARJIT SINGH

JUDGEMENT

(1.) This is an appeal by the legal representatives of one Bant Singh, against whom the suit was originally filed by the respondents herein claiming damages for malicious prosecution. The suit was decreed and Rs. 50,000/- each were awarded as damages for malicious prosecution in favour of the respondents. During the pendency of the suit itself, Bant Singh had expired and the present appellants had stepped in as his legal representatives by moving an application. The appeal filed by them was also dismissed. Hence, the present appeal is filed.

(2.) Bereft of unnecessary details, the brief facts of the case are that one Harchand Singh brother of Bant Singh was joint owner of the land holding with Bant Singh and etc. However, he had filed a civil suit claiming title of the suit property in his favour. That civil suit was decreed vide judgment and decree dated 27.01.1988, which are placed on record of the case as Ex:P-6 and P-7. Bant Singh challenged that judgment and decree. However, his suit was dismissed. He had filed an appeal before the lower appellate court. However, the appeal was also dismissed vide judgment and decree dated 12.01.1994, which are placed on record as Ex:P-8 and P-9 in the present suit.

(3.) Aggrieved thereof, Bant Singh had filed RSA No. 1347 of 1994. However, his RSA No. 1347 of 1994 was also dismissed vide order dated 26.05.1994.