Law:

Section:

Civil Procedure Code (V of 1908)----- -----O. XXXVII, Rr. 2 & 3-----Suit for recovery of money on the basis of cheque-----Application for leave to appear and defend the suit-----Defendant did not appear and his application for leave to appear and defend the suit was dismissed-----Validity-----Claim of plaintiff had been stated on oath which had not been denied by the defendant-----Plaintiff was entitled for the grant of decree in his favour-----Suit was decreed in circumstances. THIS JUDGMENT DELIVERED BY: SYED SAEEDUDDIN NASIR, JUSTICE:----------- The plaintiff has filed the present suit under Order XXXVII Rules 1 and 2 of Civil Procedure Code, 1908 with the following prayers:----- (1) "To direct the defendant to pay Rs.2,50,00,000/- (Rupees two crore fifty lacs only) to the plaintiff with mark-up at the rate of 22% per annum, from the date of issuance of cheques till realization of the amount. (2) Cost of the suit also be awarded to the plaintiff. Any other relief (s) this Hon'ble Court deem fit and proper in the nature and circumstances of the case." 1. The brief facts of the case are that in the year 2005 the defendant along with one of his friend namely Mr. Naseem (Income Tax Inspector) approached the plaintiff and disclosed that defendant has 303 acres land situated in Deh Allah Pai, Tappu Songal, Gadap Town, Karachi, which he has acquired from the original Khatadaran through a sale agreement dated 08.6.2005, and want to sell at the rate of Rs.22,500/- per acre. The plaintiff agreed to purchase the said land in the sum of Rs.6,81,75,000/- (Rupees six crore eighty one lacs and seventy five thousand only), as such, on 20.10.2005, the defendant executed agreement of sale in favour of plaintiff and received Rs.75,00,000/- (Rupees seventy five lacs only) as token money from the plaintiff. Defendant was also committed to get the latest Form-VII, and plaintiff will pay him the expenses incurred therein, adjustable towards the cost of the land. The token money was paid in two parts i.e. an amount of Rs.50,00,000/- (Rupees fifty lacs only) on 29.09.2005 and Rs.25,00,000/- (Rupees twenty five lacs only), on 20.10.2005 via transfer at the time of execution of…

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