M. Chockalingam,J

The judgment shall govern the two appeals Viz., OSA.Nos.259 and 280 of 2005.

2. The Court heard the appellant in both the appeals.

3. Appeal No.259 of 2005 is filed at the instance of the plaintiff, pursuant to the dismissal of an application for injunction to restrain the 5th defendant from making any construction in the suit property, while the other appeal in OSA.No.280 of 2005 is filed at the instance of the 5th defendant against the order of dismissal of application for rejection of the plaint.

4. Both these appeals have arisen under the following circumstances:

(a) The plaintiff who is the appellant in OSA.NO.259 of 2005 filed C.S.NO.503 of 2005 alleging that the first defendant is the mother, second and third defendants are the sisters and the fourth defendant is the brother of the plaintiff. The fifth defendant is the third party. The property belonged to Hindu Coparcenery and there was a partition in the year in the year 1977 in which the half of the property came to the hands of her father who died in the year 2005. He made an alienation of the property in the year 1993 by way of registered sale deed in favour of the 5th defendant by operatio