Judgement

Appeal (No. 5 of 1946) from a judgment and decree of the High Court in its civil appellate jurisdiction (February 1, 1945) affirming a judgment and decree of that- court in its original civil jurisdiction (March 31, 1943) dismissing the appellants suit for damages for malicious prosecution.

Law Rep. 74 Ind. App. 193 ( 1946- 1947) Mohamed Amin V. Jogendra Kumar Bannerjee

128

The following facts are taken from the judgment of the Judicial Committee. In March, 1940, an agreement was entered into between the appellant and the first respondent which was contained in certain letters whereby the appellant agreed to sell certain property to a company which was to be formed by the first respondent. The appellant alleged that subsequently an oral agreement was made between himself and the first respondent containing certain provisions which went beyond the written agreement. The third respondent company was incorporated on April 16, 1940, to carry out the purchase from the appellant, and certain property was transferred by the appellant to such company. Subsequently the appellant took the view that the terms of the oral agreement which he had made with the first respondent had not