SOWRENDRA MOHAN SINHA Vs. SOSHI BHUSAN KOER

JUDGEMENT

(1.) This appeal arises out of a suit for damages for malicious prosecution.

(2.) The plaintiff belongs to the Zemindar family of Debipur in the District of Burdwan. He is the Darpatnidar (to the extent of 12 annas share) of Mouzah Beeruha, which is two miles distant from Debipur. The defendants are residents of Mouza Baeruha ; the defendant No. 1, Soshi Bhusan Koer, practises as a Pleader at Purnea, the defendant No, 2, Bama Charan Koer, is his brother and the defendant No. 3, Bhola Nath Mandal, is the brother-in-law of Bama Charan.

(3.) A 12-annas share of the Patni interest of Mouza Beeruha belonged to the Mulliks of Chonpura and the remaining 4 annas to Bhola Nath, the defendant No. 3. The plaintiff is the Dar patnidar of the 12 annas share under the Mulliks from the time of his ancestors. The 4- annas share of the Patni of the defendant No. 3 was held by him in khas. In August 1909 the Mulliks sold their 12 annas Patni interest to the defendant No. 1, Soshi Bhusan.