VAIDYA,J. - (1.) THE above First Appeal was filed by the original plaintiff, who died during the pendency of the appeal and is now represented by his heirs.
(2.) THE plaintiff filed the Special Suit No. 39 of 1966, on August 29, 1966, in the Court of the Civil Judge, Senior Division, Nanded, against the respondent -defendant -the State of Maharashtra, to recover Rs. 39,000 as the price of his motor -truck and Rs. 75,000 by way of damages for the loss of income to him, from the date of seizure and detention of the truck, by the police officers, from August 30, 1962, to the date of the suit, at the rate of Rs. 20,000 per year and further damages for the loss of income at the above rate until the date of realisation of the price of the truck and for costs of the suit from the defendant. The allegations made by the plaintiff in the plaint, can be briefly stated as under: The plaintiff had been carrying on business as a public carrier for a long time; and in connection with his business, he had purchased a second -hand lorry at Hyderabad, bearing No. APT 1573, as registered with the Road Transport Officer, Hyderabad (AP) for Rs. 11,000. The plaintiff plied the lorry in the condition in which he purchased it for three to four years and thereafter replaced the engine of the lorry with a brand new Tata Mercedes engine, purchased by him from the Tata Mercedes dealer at Secunderabad, M/s Rajeshwar for Rs. 12,000.
(3.) HE also purchased a brand new chassis at Rs. 12,000 and thereafter he got the entire body of the lorry built and coloured, at the cost of Rs. 3,500 at the workshop of M/s Narsinha at Putali Bawadi Hyderabad. He provided the lorry with several spare parts of the value of Rs. 6,000.;