J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Regular First Appeal under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) has been preferred by the Defendant/Appellant, Mr. Rajinder Chaturvedi against the Judgment and Decree dated 24.09.2021, whereby the Suit for Specific Performance, Possession and Rectification of Agreement to Sell filed by the Plaintiff/Respondent, Smt. Shanti Singh, has been decreed in her favour, by the learned Additional District Judge.

2. The Plaintiff had filed a Civil Suit bearing No. 75903/2016 for Specific Performance, Possession and Rectification of the Agreement to Sell.

3. The brief facts as narrated in the Plaint are that, an Agreement to Sell dated 23.07.2011 was executed between the Plaintiff and the Defendant, in respect of Property bearing No. D-193, Near Kali Mandir, admeasuring 36 sq. yards, situated in the area of Village Mundka Colony known as Gauri Shankar Enclave, Prem Nagar-III, Kirari, Delhi-110086 (hereinafter referred to as “Suit Property”). The said Agreement to Sell, was witnessed by Mr. Chander Prakash Tripathi and Mr. Arvind Mishra.

4. It is claimed by the Plaintiff that an