P.S. TEJI, J.

1. Aggrieved by the judgment and decree dated 04.11.2006 passed by the learned Additional District Judge, Delhi in Suit No. 268/2003, the appellant has preferred the instant appeal under Section 96 read with Section 151 of the Code of Civil Procedure, 1908 (CPC).

2. In a nutshell, the facts of the case are that plaintiff/respondent was the owner of property No.JD-18, measuring 300 sq. yds out of Khasra No.2239/44 situated at Khirki Extension, Opposite Malviya Nagar, New Delhi. She entered into a collaboration agreement dated 09.09.1999 with the defendant/appellant for construction of flats over the plot of land, thereby agreeing that the plaintiff/respondent shall be the owner of six flats bearing Nos. JD-18/14, 17, 18, 21, 23, & 25 on different floors, and the defendant/appellant will retain six flats bearing Nos. JD-18/15, 16, 19, 20, 22, & 24. As per the agreement, flat No.JD-18/19 was to be retained by defendant/appellant but by way of further agreement to sell dated 04.01.2000 with the plaintiff/respondent, he agreed to sell the said flat for a total consideration of Rs.11 lakhs. In terms of the agreement the plaintiff/respondent paid a sum of Rs.8.5 lakh