( 1 ) THIS is an application for leave to defend filed by the defendant in a summary suit under Order XXXVII of the Civil Procedure Code.

( 2 ) THE plaint averred as follows:

(A)THE plaintiff, the defendant and Lt. Col. S. M. Chaudhary entered into an agreement for the development and construction of the property No. J 1839, Chittranjan park, New Delhi measuring 340 sq. yds. By virtue of the said agreement the plaintiff and the defendant were to bear the entire cost of the development and construction and the first floor was to be owned by the plaintiff, second floor by the defendant and Lt. Col. Choudhary was entitled to own the basement and the ground floor. The plaintiff invested a sum of Rs. 33 lacs and the construction work was taken control of by the defendant. The plaintiff came to know about the defendant being a land grabber and 4 cases having been registered against him and consequently decided not to continue the aforesaid development and construction work with the defendant and called for the recovery of the said Rs. 33 lacs. The defendant eventually agreed to and than offered to pay only Rs. 30 lacs on 31st January 1999 in full and final settlement of the sa