( 1 ) THE defendant is the appellant. The Second Appeal is directed against the Judgment of the Additional Subordinate Judge, Kakinada, in Appeal suit No. 96 of 1960 reversing that of the District Munsif, Peddapuram, in O. S. No. 32 of 1959 and decreeing in part the plaintiff s suit for damages lor malicious prosecution, with costs throughout.

( 2 ) THE plaintiffs case was briefly as follows : The plaintiffs are brothers and are residents of the village of Madhavapuram. The first plaintiff is a respectable person holding several honorary office. The defendant is also a resident of the same village and is inimically disposed towards the plaintiffs. In a contest between hint and the first plaintiff for Presidentship of the Panchayat Board, the defendant was defeated and his request to make him Vicc-Presidcnt was turned down by the first plaintiff. He, therefore, bore ill-will towards the first plaintiff. The defendant filed a criminal case, C. C. No. 724 of 1957 on the file of the Judicial Second class Magistrate, Pithapuram, against the plaintiffs and eleven other alleging that the farm-servant of the first plaintiff had made two ventsj while there used to be only one vent in the b

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