JUDGMENT

Rekha Palli, J. (Oral) -

I.A. 5441/2018 (leave to defend)

1. This is an application filed by the defendant under Order XXXVII Rule 3 (5) of the Code of Civil Procedure, 1908 (CPC) seeking leave to defend the present suit.

2. Before dealing with the rival submissions of the parties, the brief factual matrix, as may be necessary for adjudication of the present application may be noted at the outset.

3. The plaintiff has filed the present suit under Order XXXVII CPC seeking recovery of a sum of Rs.3 crores along with interest @ 18% p.a. from the defendant on the basis of a written acknowledgement for a sum of Rs.2 crores in the form of a receipt issued by the defendant on 23.12.2011 and a cheque dated 06.01.2012 for the remaining sum of Rs.1 crore issued by him.

4. It is the case of the plaintiff that the defendant, claiming to be the absolute owner of the property bearing No.C-107, Naraina Industrial Area, New Delhi, agreed to sell the aforesaid property to him for a total sale consideration of Rs.15.75 crores. The plaintiff claims that in furtherance of the same, he paid a