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2004 Supreme(All) 1174

PRAKASH KRISHNA
RAM AUTAR (DECEASED BY LRS) – Appellant
Versus
RAM PRASAD – Respondent


Advocates Appeared:
A.P.SRIVASTAVA, DINESH DWIVEDI, K.C.SAKSENA, K.S.SINGH, R.N.SINGHA, R.S.Maurya, RAKESH DWIVEDI, S.N.Singh, Vijay Bahadur

PRAKASH KRISHNA, J.

( 1 ) THIS is plaintiffs appeal. It arises out of original suit No. 235 of 1970 filed by the present appellant against the respondents for recovery of damages on the ground of breach of a covenant for title and quiet enjoyment. He claimed recovery of Rs. 8,000/- as principal consideration and Rs. 9,600/- as interest at the rate of 12 per cent per annum for the period 21-11-1960 till the date of filing of the suit and Rs. 4,000/- towards expenditure incurred by the plaintiff in contesting the suit filed by one hanuman Prasad. The plaint was amended subsequently. By this amendment an alternative relief for recovery of Rs. 6,250/- i. e. half amount of principal consideration of two sale-deeds plus interest and expenditure of litigations were claimed.

( 2 ) THE subject matter of the suit is house no. CK 43/1 Mohalla Govindpura in the City of Varanasi. One Qudrat Ali was the owner of the said house. He had purchased the house in the name of his second wife Smt. Mehadi Begum who later on gifted the same to him on 24-10-1927. The plaint discloses that the said house was subjected to successive transfers and was involved in litigation. However, those transfers being beyo




























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