J U D G M E N T

This is an appeal preferred against the judgment and decree of the Subordinate Judge, Tirur in O.S.No.171/1992. The suit is one for damages on the ground of malicious prosecution. The defendant in the suit filed a police complaint which was referred by the police. But the defendant moved a private complaint under Sections 447 and 379 read with Section 34 IPC before the Judicial Second Class Magistrate, Parappanangadi. The Magistrate took cognizance of the case as C.C.No.66/1989.

2. It is the case of the plaintiff that the case was filed without any reasonable and probable cause. The Magistrate has acquitted the accused. The plaintiff is a retired officer of the LIC of India and he had filed the suit claiming a sum of Rs.1,58,758/=.

3. The defendant has filed a written statement contending that the north western portion of Palasseri paramba belonged to Unniyatha @ Kuttimalu. She had executed a Will in favour of the defendant in 1971. She died in 1988. A document was executed in the name of Sreedevi Amma, the mother-in-law of the defendant. By virtue of that document, the property having north south measurement of one kole has been given to Sreedevi Amma as way for ente