(1.) This order shall dispose of I.A. No. 8174/1995 filed by the plaintiff under Order XXXVII, Rule 3(5) of the Code of Civil Procedure seeking leave to defend the suit filed by the plaintiff against the defendants under Order XXXVII, CPC.
(2.) The plaintiff instituted a suit against the defendants for recovery of Rs. 9,15,000 .00 under Order XXXVII of the Code of Civil Procedure. It is stated that by written agreement dated 9.11.1992 duly signed by both the defendants and the plaintiff the defendant contracted to sell to the plaintiff half portion of their property bearing House No. C-117, New Rajinder Nagar, New Delhi measuring 125/28 sq. yds. for a total sum of Rs. 9,00,000.00 . It is stated that as per the terms and conditions of the said agreement dated 9.11.1992 the defendants were to hand over the actual physical possession of half portion of the property to theplaintiff and that at the time of execution of the agreement to sell the defendant No.2, who is the son of defendant No. 1, received a sum of Rs. 4,00,000.00 out of the total sale consideration of Rs. 9,00,000.00 . It is stated that the defendant No. 2 also executed a proper receipt duly signed by him to the plaintiff.
(3.) Since the defendants have failed to hand over possession of the property to the plaintiff in terms of the agreement, the plaintiff called upon the defendant to hand over immediate possession of the suit property and also to complete the required legal formalities for execution of the sale deed in favour of the plaintiff. In spite of receipt of legal notice neither possession has been handed over nor required formalities for execution of the sale deed in favour of the plaintiff were completed nor the advance amount of Rs. 4,00,000.00 alongwith interest was paid back to the plaintiff and, accordingly, the present suit has been instituted by the plaintiff under Order XXXVII of the Code of Civil Procedure.