JUDGMENT

Henry Richards, Kt. C.J. and Banerji, J. - This appeal arises out of a suit in which the plaintiff claims damages for breach of covenants for title contained in a sale deed, dated the 12th of October, 1889. The court below has given the plaintiff a decree for Rs. 2,900, being considerably less than the amount claimed. At the time of the alleged sale the property mentioned in the plaint, together with other property was in the hands of the' Court of Wards, and the sale deed was executed by the Court of Wards. It has not been contended, and in our opinion could not be contended, that the persons entitled to the property sold were not liable upon foot of the covenants given by the Court of Wards, assuming that there was a breach. The sale deed contained the ordinary covenants for title, including a covenant that the vendors took upon themselves "the responsibility that the property should be. free from all debts, claims and liabilities".

2. In the present suit we are concerned with a village called Mirpur Harriapur, which was one of the items of property comprised in the deed already mentioned. The title to this village briefly is as follows: One Jaswant Singh and others were t