JUDGMENT

IA No.23676/2015 (moved by defendants under Order XXXVII Rule 3 (7) CPC r/w S.151 CPC)

1. The present application of the defendants under Order XXXVII Rule 3 (7) of Civil Procedure Code (CPC) relates to grant of leave to defend the present suit, which has been filed by the plaintiff under Order XXXVII CPC ‘

for recovery of a sum of 1,03,54,000/- along with interest at the rate of 18% per annum with effect from 02.11.2013 till actual payment. It is submitted by the plaintiff that they are dealing in the business of real estate and were interested in purchasing land in revenue estate of Village Surhera, Tehsil Najafgarh, New Delhi. Defendants approached them in first weeks of April, 2013 and offered to sell their agricultural land, the detail of which is as under:

(a) 1/3th share in total agricultural land measuring area 35 Bigha 9 Biswa, in Khata No. 101/100, in Khasra Nos/ 18//14 (4-16),17 (6-12), 24/2 (2-03), 25/2 (4-10), 45//6/2, (3-04), 15(4-16),16(4-16), 25(4-12), situated in the revenue estate of Village Surhera, Tehsil Najafgarh, New Delhi;

(b) 1/12 share in total agricultural land measuring area 6 Biswa, in Khata No. 102/101, in Khasra Nos. 18//25/1 (0- 06), situated in