NITISH JAISWAL Vs. RAM KISHORE TYAGI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India assails the order dtd. 30/7/2022, passed by the learned Additional District Judge ("the learned ADJ") in the Suit 252/2020 (Nitish Jaiswal v. Ram Kishor Tyagi), instituted by the petitioner, as the plaintiff against the respondent, as the defendant, as a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 (CPC). The suit claimed an amount of ? 35,75,000/- from the defendant and sought a decree to that extent along with interest.

(2.) According to the averments in the plaint, the plaintiff purchased a plot admeasuring 183 Gaj, Khasra Nos. 410/1 and 411/1, Laxmi Vihar, Burari, Delhi ("the suit property", hereinafter), from the respondent for ? 91,50,000/-. The specific assertion to this effect, as contained in para 3 of the plaint, reads thus:

(3.) Subsequently, according to the assertions in the plaint, the respondent offered to buy back the suit property from the petitioner at the price at which the petitioner had purchased the suit property from the respondent which, as already noted, was averred, in para 3 of the plaint, to be ? 91,50,000/-. The plaint asserted that the respondent agreed, initially, to buy back half of the suit property at half of the aforesaid consideration of ? 91,50,000/-, which works out to ? 45,75,000/-.