JUDGMENT :

Heard Mr. Praveen Akhauri, learned counsel appearing for the appellant-plaintiff and Mr. Shashank Shekhar, learned counsel appearing for the respondent-defendant.

2. This second appeal has been filed being aggrieved and dissatisfied with the judgment dated 26.07.1999 and the decree following thereupon signed on 10.08.1999, passed in Title Appeal No. 92 of 1993, by the Vth Additional Judicial Commissioner, Ranchi, dismissing the said appeal and thereby affirming the judgment dated 12.05.1993, passed in Title Suit No. 162 of 1989, by the learned Additional Munsif, Ranchi.

3. The present second appeal was admitted by order dated 28.02.2001 on the following substantial question of law:-

“(1) Whether defendant by registered sale deed, Ext.-5/a transferred the suit land to the plaintiff, which was beyond the land purchased by him through Ext.-5?”

3. The Title Suit No. 162 of 1989/115 of 1989 was instituted by the plaintiff-appellant for declaration of the title and recovery of possession of R.S. Plot No. 1341/A-1 under Khata No. 34 in village Hatma, P.S.-Ranchi, described in Schedule-A of the plaint. The prayer was also made for decree for mesne profit pendent lite and future along