RADHAKRISHNAN, J.

This is an appeal filed by the plaintiff. Suit was for damages. According to the plaintiff, defendant sold an Ambassador Car DHB 8043 to the plaintiff on 6-8-1972 for a sum of Rs. 13,750/-. He purchased the car in good faith, though defendant had not transferred the registration in the name of the plaintiff. Plaintiff was made to believe that defendant had the right to sell the car. While the car was in possession of the plaintiff it was seized by the Delhi Police on 25-9-1972 to be produced before the Court of JM TIS Hassari, Delhi in Crime No. 181 of 1972 charged against one Nazir Ahammed on the ground that the car was a stolen property. According to the plaintiff, the car was seized from Muvattupuzha in the presence of the defendant and due to seizure plaintiff sustained damages as a result of the breach of warranties and conditions relating to the sale. Plaintiff lost the car as well as its quite enjoyment. It is the case of the plaintiff that the defendant had no title over the car so as to pass on the plaintiff at the time of sale, thereby plaintiff was disabled from making any claim of ownership over the car in the criminal proceedings or in any