( 1 ). THE plaintiff has filed the suit under Order 37 CPC on the basis of the sale agreement agreement executed by the defendant in his favour for the sale of the first floor of the property bearing No. D-68, East of Kailash, New Delhi for a total sale consideration amounting to Rs. 25 lakhs.

( 2 ). IT is stated that the plaintiff has paid Rs. 6 lakhs through cheque No. 481325 dated 30. 10. 99 drawn on Bank of India, Haus Khas, New Delhi. The possession of the property was to be handed over after completion of construction on or before 30. 6. 2000 and simultaneously the sale of documents were to be executed and registered besides the balance consideration of Rs. 19 lakhs was to be paid at the time of registration of the documents. It is further stated that the defendant from time to time approached the plaintiff and expressed need for money on the ground that construction is going on and he is short of money. The plaintiff believed his representation and entrusted a sum of Rs. 6 lakhs in three installments of Rs. 2 lakhs each on 23. 12. 99, 19. 4. 2000, 14. 6. 2000. All the payments were made through cheques. As per the plaintiff he has made a total payment of Rs. 12 la