JUDGMENT :

N.V. Ramana, J.

In this appeal the unsuccessful defendant impugned the judgment and decree passed by the High Court of Jharkhand at Ranchi in second appeal in 273/2003 dt. 26.8.2004, [Ed.-Reported in 2004 (4) JLJR 421.] whereby the High Court has confirmed the concurrent findings of the courts below by decreeing the suit.

2. A close scrutiny of the plaint is necessary for adjudication of the dispute involved in the present appeal. The plaintiff has filed title suit no. 5 of 1992 on the file of the Munsif Court at Seraikella. In the plaint after the cause title, he stated that the suit is for declaration of title, confirmation of possession and permanent injunction and the suit is valued at Rs. 20,000/-. Then the plaint starts with the description of facts that the suit schedule property belongs to Raja Adithya Pratap Singh Deo of the estate of Seraikella and subsequently it is purchased by Kumar Subodh Singh by registered sale deed dated 24.8.1990, he in turn sold the suit schedule property to the plaintiff by way of registered sale deed dt. 21.10.1990 for a consideration of Rs. 20,000/- and ever since than he has been in possession of the property by constructing a residen