( 1 ) THIS suit has been filed under Order XXXVII of the Code of Civil Procedure, 1908 for the recovery of Rs. 10,00,000. 00 alongwith interest from the date of the institution of the present proceedings till the realisation thereof at the rate of 18% per annum.

( 2 ) THE plaint discloses that the defendant has claimed to be the owner of land in Village Begumpur, New Delhi and on this representation had entered into an agreement for sale of a portion thereof at the rate of Rs. 2,000. 00 per sq. yd. In furtherance of this agreement a sum of Rs. 2,00,000. 00 was paid by the plaintiff to the defendant in cash on 4. 12. 1994 together with a further sum of Rs. 5,00,000. 00 on 4. 4. 1995 as well as another sum of Rs. 10,00,000. 00. The averments in the plaint are, therefore, that a total sum of Rs. 17,00,000. 00 had been paid. Upon verification it was learnt that the title of the defendant in respect of the suit property was defective and accordingly in part discharge of his liability two cheques bearing Nos. 052346 and 052347 dated 7. 3. 1996 for Rs. 5,00,000. 00 each drawn on Bank of India, Pahar Ganj, Delhi were issued in the name of the plaintiff by the defendant. The p