Rakesh Kumar Jain, J.:- The plaintiff is in second appeal against the judgment and decree of both the Courts below whereby his suit for specific performance has been dismissed.

2. The case of the plaintiff is that defendants No. 1 and 2 themselves and defendants No.3 and 4 through their power of attorney defendant No.2, entered into an agreement to sell with the plaintiff on 27.12.1988 for the sale of plot measuring 800 square yards for a consideration of Rs.1,20,000/-. As per the plaintiff the entire sale consideration was paid to defendants No.1 and 2 on the date of agreement against receipt and it was agreed between the parties that the sale deed shall be executed as and when desired by the plaintiff. It was further averred by the plaintiff that defendant No.9 Jagbir Singh proposed the plaintiff to purchase the said plot by offering him some profit but the plaintiff did not oblige him and defendant No.9 challenged the plaintiff that he would not get the sale deed executed in his favour. The plaintiff requested defendants No.1 and 2 to get the sale deed executed and registered but they avoided the same on one pretext or the other. Ultimately, the plaintiff sent a legal no