KANHAIYA LAL Vs. SARJU PRASAD AND ORS.

JUDGEMENT

(1.) THIS regular first appeal has been filed by the appellant Kanhaiyalal S/o Amichand challenging the judgment and decree dt. 28.11.1988 passed by the learned District Judge, Sirohi in Civil Original Case No. 170/1984 by which the learned trial Court passed decree for Rs. 7,325/ - with interest against the appellant. According to facts of the case, it is disclosed in the memo of appeal that house of the appellant is situated at Sirohi which was rented to the respondents by the father of the appellant. The respondents vacated the said house on 21.04.1978 and possession of the same was given to the appellant. According to the appellant, the appellant and respondents are relatives and after giving possession on 21.04.1978, in between 22.04.1978 to 26.05.1978, the respondents re -entered in the house of the appellant in his absence and as such a criminal complaint was lodged by the appellant in which ultimately final report was given. Upon filing of a protest petition by the appellant in the Court of Magistrate, cognizance was taken by the Magistrate and respondents were summoned and released on bail and, after trial, they were acquitted vide judgment dt. 25.02.1982 by the Chief Judl. Magistrate, Sirohi on the ground that the complainant -appellant failed to prove his case.

(2.) AFTER acquittal the respondents filed a suit against the appellant in the Court of District Judge, claiming damages for malicious prosecution. In the suit filed by the respondents before the trial Court, primarily, it was contended that due to false case plaintiffs suffered irreparable injury to their prestige and suffered financial losses during the trial, therefore, it was prayed that compensation of Rs. 26,251/ - may be ordered to be paid by the appellant to the respondents.

(3.) THE plaintiff respondents produced 6 witnesses namely P.W. -1 Saraju Prasad, P.W. -2 Smt. Sita, P.W. -3 Phool Chand, P.W. -4 Shankar Lal, P.W. -5 Hansraj Purohit and P.W. -6 Chaturbhuj Kalawant. In defence, 2 witnesses viz., D.W. -1 Kanhaiya Lal, appellant examined himself and statement of D.W. - 2 Mohan Singh was recorded by the trial Court. After providing opportunity to both the parties for evidence, the learned trial Court proceeded to decide the issues.