1. This is a plaintiff's appeal against the dismissal of his suit for damages for malicious prosecution. The plaintiff and defendant owned adjacent properties at Aramanadka in (Caradka village, Kasaragod Taluk. Some of the plaintiff's properties were in possession of the defendant's father Shankara Narayana Bhatta on arwar (usufructuary mortgage) right. In O. S. No. 300 of 1949 of the Munsiff's Court, Kasaragod, the plaintiff had obtained a decree for redemption of the arwar. Exts. A57 and A58 are certified copies of the plaint and written statement. O. S. No. 484 of 1949 was by the Defendant's brother against his father (1st defendant) and the present plaintiff (2nd defendant). Ext. A59 is the plaint and Exts. A60 & A6I are the written statements therein. Ext. B 12 is the certified copy of the judgment in A. S. No 286 of 1957, Sub Court, Kasaragod, against the judgment in the said suit, O. S.484 of 1949, and the order in R. I. A. 1091 of 1963 moved by the defendant's father to file a complaint against the plaintiff herein under S.193, of the Indian Penal Code etc. The appeal and the R. I. A. were dismissed. O. P. No. 43 of 1950, Munsiff's Court, Kasaragod, was filed by