JUDGMENT:- This appeal arises out of a suit filed by the respondents herein for damages for malicious prosecution. The appellant had filed a complaint Ex.B-4 dated 17-4-1965 to the police alleging that the respondents had cut an Odiya tree belonging to him, and that it amounted to criminal trespass and mischief punishable under the provisions of the Indian Penal Code, and requesting them to prosecute the respondents. As the police did not take any action on his complaint, the appellant filed a private complaint against the respondents before the Sub-Magistrate, Cuddalore. In the private complaint, the appellant-defendant alleged that the 1st respondent/1st plaintiff began cutting his Odiya tree, and that when, he obstructed such cutting the 2nd respoudent/2nd plaintiff attempted to assault him with a broom stick. The said complaint was taken on file in C.C.1753 of 1965 and ultimately the plaintiffs were discharged holding that the complaint had not established at least a prima facie case of criminal trespass and mischief against the plaintiffs. The order of discharge was taken in revision to the District Magistrate, Cuddalore, out without success. The revisional authority