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2003 Supreme(Ker) 55

A.LEKSHMIKUTTY
Philip – Appellant
Versus
Hindu Matha Dharma Paripalana Sabha – Respondent


Judgment :-

1. These appeals are filed by the respective appellants against the judgment and decree in O.S. No. 313/1987 on the file of the Sub Court, Paravur. A.S. No. 215/1990 is preferred by the defendants in the suit and the other appeal is filed by the plaintiff therein. The plaintiff filed the suit for damages for malicious prosecution. The case of the plaintiff is that on 14.10.1982 the first defendant Sabha filed a false criminal complaint against the plaintiff before the Vadakkekara Police Station. On the basis of the complaint a false criminal case C.C. No. 553/1982 of Parur Judicial First Class Magistrate Court was charged against the plaintiff. The said false complaint was filed by the then Secretary of the Sabha one Narayanan in order to defame and cause injury to the plaintiff. The plaintiff is the owner in possession of the property in Survey No. 105/9 of Kunjithaikara and the western side of that property belongs to the first defendant Sabha. On the western portion of the plaintiff's property near the boundary there is an old anjili tree belonging to the plaintiff. First defendant Sabha raised claim over that anjili tree. The plaintiff did not approve the claim of f









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