JUDGMENT :

1. Aggrieved by the rejection of his application in IA No.9 under Order 14 Rule 1 and 5 CPC, the plaintiff in OS No.374/2016 on the file of the LXVI Additional City Civil and Sessions Judge, Bengaluru City, has preferred this petition.

2. The petitioner filed OS No.374/2016 against the respondents for permanent injunction to restrain them or anybody claiming through them from interfering with his peaceful possession and enjoyment of the suit schedule property. The subject matter of the suit is site bearing No.986 in 4th Phase of Vishwabharathi Housing Complex Layout, Girinagar, Bengaluru, measuring 30 feet x 50 feet.

3. The petitioner's case in brief is as follows :

That he is the member of the 4th respondent-Society and on his application, suit site was allotted to him. He paid Rs.60,000.00 on 11/8/1995 by way of two cheques of Rs.30,000.00 each and Rs.20,000.00 by cash on 17/3/2002. He paid Rs.2,00,000.00 to the President of the Society though the initial price fixed was only Rs.60,000.00. The Society issued him possession certificate on 10/8/1996 and put him in possession. Assigning site No.928 to the same site, on 20/6/2003 the Society sold the same to one Sudha Acharya.