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1915 DIGILAW 64 (MAD)

Musammat Khader Unnissa Begam v. Muhammad Mustan Ali Badsha Sahib

1915-02-24

NAPIER, S.AIYAR

body1915
JUDGMENT 1. The finding of the learned Judge is that the defendants complaint against the plaintiff was false and the facts found further show that the complaint was false to the knowledge of the complainant. When a complaint is false to the knowledge of the complainant, not only is want of reasonable and probable cause proved but malice also is proved. See Bhim Sen v. Sita Ram 24 A. 363 : A.W.N. (1902) 92 and Abrath v. North Eastern Railway Co. (1866) 11 A.C. 247 : 55 L.J.Q.B. 457 : 55 L.T. 63 : 50 J.P. 659. We are unable to agree with the learned Judge that because the defendant had grounds for suspecting the plaintiff or her husband of having committed some wrongful act in connection with the defendants daughters jewels, the defendant could not be deemed to have been actuated by malice in himself bringing a case on allegations false to the defendants knowledge. 2. On the evidence we hold that Rs. 1,000 (thousand rupees) is a fair sum to be awarded to the plaintiff as damages. 3. We set aside the Judges decision and pass a decree in the plaintiffs favour for Rs. 1,000 (thousand rupees) and costs in both Courts.