JUDGMENT

S.S. Dhavan, J. - This is a defendant's second appeal from the decree of the First Civil Judge of Saharanpur reversing the decree of the Munsif, Havali Saharanpur and awarding the plaintiff-respondent damages against the appellant for malicious prosecution. The facts are these. The defendant-appellant Smt. Devi Atma Nand, who is described as a Sanyasin, filed a criminal complaint under Section 420 of the Indian Penal Code against three persons one of whom was the respondent in this appeal-Shambhoo Lal Master a who has filed this suit for malicious prosecution. Devi Atma Nand alas leged in her plaint that one of the accused-Kamta Prasad sold her a house by a sale deed dated the 14th a of January 1954; that the second accused Ganga Prasad who was a broker dealing with landed property conspired with Kamta Prasad in defrauding the complainant; that the third accused Shambhu Lal Master (the plaintiff in the present suit for malicious prosecution) was the scribe of the sale deed and a party to the fraud: that the accused did not disclose to the complainant that a portion of the house had already been sold to another woman by the name of Vidya Vati, and on, the contrary assured he