YOGESH KHANNA, J.

IA No. 3349/2017

1. This application is filed by the defendant for seeking an unconditional leave to defend this suit. Before coming to the issues raised in the application it would be appropriate to advert to the facts stated in the plaint.

2. The plaintiff has filed this summary suit under Order 37 of CPC for recovery of an amount of Rs. 2,29,64,250/- plus interest on the basis of a dishonored cheque.

3. The plaintiff, a company having its registered office at Janak Puri, New Delhi alleges:-

(i) the plaintiff was approached by the defendant in connection of sale of property bearing no. A-26 Kirti Nagar, New Delhi admeasuring 500 square yards;

(ii) it was agreed between the plaintiff and the defendant that the said property shall be purchased in the name of defendant but the profit generated out of the resale of such property or from the settlement, if any, arrived at with the owners of property No.A-26 (supra) shall be shared equally by the plaintiff and defendant in the ratio of 50% each;

(iii) the plaintiff paid an amount of Rs. 1,00,30,000/- to the defendant for the purchase of this property through banking transactions duly credited in the defendant’s sav